Disposed

K.Srinivasulu v. State of Telangana

Telangana HC7 Mar 2022WP/2809/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking compulsory registration of land sale deeds. It recorded that the matter was covered by a common order and directed the Sub-Registrar to register documents subject to ongoing Supreme Court litigation while mandating specific cautionary endorsements.

What did the court decide?

Writ petition disposed of by reference to a common order; Sub-Registrar directed to register sale documents with specific cautionary endorsements subject to Supreme Court orders.

K.Srinivasulu Vs State of Telangana — Land Acquisition | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENry TWO

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PRESENT

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THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 2809 OF 2022

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Between:

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K.Srinivasulu, S/o Veeranna, Aged 46 years, Occ. Agriculture, Rt/o leeja Village and Mandal, Jogulamba-Gadwal District. (Erstwhile Mahabubnagar District)

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...PETITIONER

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AND

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1 State of Telangana, Rep.by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.

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2 The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad.

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3 The Sub-Registrar, Gadwal, Jogulamba-Gadwal District (Erstwhile Mahabubnagar District).

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in refusing to entertain registrations in respect of Lands in the Layout in an extent of Ac.0-10 guntas in Sy.No.735/4 of leeja Village and Mandal, Jogulamba-Gadwal District (Erstwhile Mahabubnagar District) on the basis of Memo issued by the 2nd Respondent in Memo No. G2125712019, dated 26.08.2020 as illegal, arbitrary and consequently direct the 3'd Respondent to receive, register and release the sale deeds pertaining to Lands in the Layout in an extent of Ac.0-10^guntas in Sy.No. 735/A of leeja Village and Mandal, Jogulamba- Gadwal District^(Erstwhile

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Mahabubnagar District), notwithstanding the Merno issued by the 2nd Respondent.

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lA NO: 1 oF 2022

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Petition unde. Section 151 CPC^prayinq that in the circumstances stated in the affidavit filed in i;upport of the petition, the High Court may be pleased to direct the 3rd Respondenr to receive, register and release sale deeds of the petitioner in respect of Lands ir the Layout in an extent of Ac.0-1t) guntas in Sy.No. 735/A of leeja Village and hrandal, Jogulamba-Gadwal District (Erstwhile Mahabubnagar District), without reference to Memo No.G2125712O19, dated 26.O8.202O issued by the 2nd Responderrl, pending disposal of the Writ Petition.

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Counsel for the Pertitioner: SRI SHAIK MEERAVALI

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Counsel for the Rr:r;pondents: GP FOR STAMPS AND REGISTRATION

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The Court made tl r: following: ORDER

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I I

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.2809 OF 2022

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oRpER (ORAL) :

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Heard both sides and pe rused the material on record.

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It is submitted by the leamed counsel on either side that subject matter of this writ petition is squarely covered by the common order passcd by this Courl in W.P. No.328 of 2022 ar,d batch dated 18.02.2022 as modified by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P. No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the sanre may be disposed of in terms thereof.

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This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the subject document/s. Hou,ever. conditions were imposed that (a) the petitioncr/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petrtlon.

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In view of the above, recording thc aforesaid submtsston ol'the leamed counsel on either side, fbtlowing lhe common order dated 18.02.2022inW.P. No.328 of 2022 and batch as modified by the order dlIed 22.02.2022 in l.A. No.2 0l i:.022 in w.P. No.2985 of 2022, in terms thereof, this writ petition is disposed olas under, without anv order as to costs:

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(A) If the subject document/s haslhave already been registered and

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released primuant to the interim order;

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(i) the document/s registered hl the Sub-Registrar shall be subject to outcome ol SLP (('ivil) No. 19695 of 202 I filed by the State Governrnent belore the Hon'ble Supreme Court; and

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(ii) in case, it is found that there is any violation of law like plots / lands / structures being sold lorm part of F.T.L. and BufIer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement inlomring I cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration ol'thc samc is subject to outcome of orders of thc llorr'blc Supreme Clourt in SLP (Civil) No. 19695 ol' 202 l. lo that cflect, an

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endorsement shall be made in the encumbrance record, website etc.

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(B) If the subject document/s is/are not yet registered and released

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pursuant to the interim order;

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(i) the respondent - Sub-Registrar is directed to register the docurnent of sale, transfer and^gilt etc.,^presented for registration by the petitioner/s without reference to the Memo N os.C2lz 57^I 20 I 9 <lated 26.08.2020 and 29. I 2.2020 issued by the respondent - the Commissioner and Inspector Ceneral of Registration and Stamps, Telangana; Letter No.45/TPINMC/2019 dated 0l.l1.2019 issued by the respondent - the Cornmissioner, Municipal Corporation. Nizanrpet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioncrs in the State:

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(ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document rcferred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No. 19695 ol' 2021 filed by the State Govemment before the Hon'ble Suprcme Court; and

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(iii) in case. it is lbund that there is any violation of law likc plots,'lands / structures being sold form part

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of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement informing / cautioning thc purchasers that risk is involved in purchase o[ such plots; such transactions are hit by relevant statutory provisions; that registration of the sarle is subjcct to outcome of orders of the Hon'ble Suprerne Court in SLP (Civil) No.19695 of 2021. To that ef'fect, an endorsement shall be made on the reverse side of the first / second page of the docr"Lrnent and also in the encumbrance record, website etc.

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As eL sequel thereto, miscellaneous peritions, if any, pending

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in this writ petition stand closed.

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SD/. MOHD.SANAULLAH ANSARI //rRUE coPY/' ASSIS]UNT s6iorr,".*REGISTRAR To, 1. The Principal Secretary, Revenue^{(Stamps and Registration) Department,} State of Telangana, Secretariat,^Hyderabad,

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The Comnrissioner and lnspector General of^{Registrationand Stamps,} Telangana, Hyderabad.

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The Sub-Registrar, Gadwal, Jogulamba-Gadwal^{District(Erstwhile} Mahabubnagar District).

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One CC to SRI SHAIK MEERAVALI, Advocate IOPUC]

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5, Two CCs to GP for Stamps and^{Registration, High Courtfor the State of} Telangana at Hyderabad. [OUTI

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Two CD Copies.

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One Spare Copy

\rjJ

HIGH COUR]'

DATED:0710'312022

.. S,r'Ai.
'i<br>i ..J 11 sE? ?tjll-

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ORDER

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WP.No.2809t of 2022

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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K.Srinivasulu v. State of Telangana

Case brief

What is this about?

What did the court decide?

K.Srinivasulu v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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