Allowed

P. Sanjeeva Reddy v. the State of Telangana

Telangana HC11 Mar 2022WP/2840/2022

Case brief

AI extract

What is this about?

This judgment disposes of a writ petition challenging a Sub-Registrar's refusal to register sale deeds. The Court followed a Common Order directing registration of documents despite earlier objections, subjecting the registration to the outcome of pending Supreme Court proceedings regarding FTL zones and requiring caution endorsements for specific land violations.

What did the court decide?

Directed the Sub-Registrar to register the sale deeds presented by the petitioner. Registration is to be done subject to the outcome of Supreme Court Case No. 19695 of 2021.

P. Sanjeeva Reddy Vs the State of Telangana — Property and Title | Telangana HC (2022)

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

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FRIDAY, THE ELEVENTH DAY OF IVARCH

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TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 2840 OF 2022

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Between:

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P. SANJEEVA REDDY, S/o. P. RAIV REDDY, Aged about 53 years, Occ Business, R/o Plot 16'1/A, Narsingi Village, Gandipet N/andal, Ranga Reddy District Rep. by his D.A.G.P.A. Holders KONDURI GYANESHWAR S/o K PANDARINATH, Aged about 46 years, Occ.Business, R/o H No. 9-2-205, Langer House, Hyderabad

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KONDURI GYANESHWAR, S/o. K. PANDARINATH, Aged about 46 years, Occ.Business, R/o H No. 9-2-205, Langer House, Hyderabad

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ALWALA INDRA SENA REDDY, Sio. ALWALA NARSIIVHA REDDY, Aged about 44'years, Occ.Business, Rio H No. 9-1-369/3, Langer House, Hyderabad

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...PETTTTONER(S)

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AND

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I THE STATE OF TELANGANA, REP. BY ITS PRINCIPAL SECRETARY, Revenue (Stamps and Registration) Department Secretariat Buildings, Hyderabad.

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2 THE COIMIVISSIONER and INSPECTOR GENERAKL, I,Aozamzahi lVarket, Herza Estate, Risala Abdullah Colony, Jambagh, Hyderabad, Telangana 500095

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THE SUB-REGISTRAR, GANDIPET, RANGA REDDY DISTRICT

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or wril more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.3 in refusing to receive, process, register and release the Sale Deeds presented by the Petitioner in respect of (1) Flat No. 301, in third floor, admeasuring 1000 square feet

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, ll

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including common areas and one car^parking, together^{withundivided share of} land 27 .39 square^yards,(2) Flat No. 302,ⁱⁿ third^{floor, admeasuring 1000 square} feet including common areas and one^{car parking,together with undivided share} of land 27.39 square^yards and⁽³⁾ Flat^{No.303, in third floor, admeasuring 1450} square feet including common areas and^{one car parking, togetherwith undivided} share of land 39.50 square^yards, in^{HouseProperty in Part of Plot Bearing No.} 161/4, in Survey No.300 to 303,306^{to 31 1 and 313 to 315, admeasuring 376} square^yards out of 976/1'1 square^{yards, situatedat NarsinghiVillatge and Gram} Panchayath, Gandipet fvlandal,^{(Previously known as Rajendranagartvlandal),} Ranga Reddy District, T.S., by^{referringthe groundsof ltzlemo No.G2125712019} Dated 26.08.2020 issued by the^{RespondentNo.2 as it being illegal, arbitrary} unjustified and against to the^provisions of^{law and consequentlydirect the} Respondent No.3 to receive,^{process, registerand releasethe SaleDeeds} presented by the Petitioner pertaining to the above^{property and therebyto} release the same in accordance^{with law without referring the grounds of [t/emo} No.G2l257 12019 Dated 26.O8.2020.

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lA NO: 1 OF 2022

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Petition under Section^'1 51 CPC^praying that^{in the circumstancesstated in} the affidavit filed in support of the^{petition,the High Court may be pleasedto} direct the Respondent No.3 to receive,^{process, registerand release the Sale} Deeds^presented by the Petitioner in respect^{of (1) Flat No. 301, in third floor,} admeasuring 1000 square feet including common^{areas and one car parking,} together with undivided share of land 27.39 square^{yards,(2) Flat No. 302, in} third floor, admeasuring 1000 square feet^{including common areas and one car} parking, together with undivided share of land 27.39 square^yards and^{(3) Flat No}

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303, in third floor, admeasuring 1450 square feet including common^areasand one car parking, together with undivided share of land 39.50.square^{yards, in} House Property in Part of Plot Bearing No. 161/A, in Survey No. 300 to 303, 306 to 311 and 313 to 315, admeasuring 376 square^yards out of^g76hl square yards, situated at Narsinghi Village and Gram Panchayath, Gandipet l\r'landal, (Previously known as Rajendranagar [Vandal), Ranga Reddy District, T.S., without referring the Memo No.G2 257 2019, Dated 26.08.2020 issued by the Respondent No.2.

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Counsel for the Petitioner(s): SRI DUGGU UMA MAHESHWAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER

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i !

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.284O OF 2022

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ORDER:

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Heard both sides and perused the material on record.

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It is submitted by the learned counsel on either side that subject matter ol this Writ Petition is squarely covered by the Common Order passed by this Court in W.P.No.328 of 2022 and batch dated 18.02.2022 as modified bv the Order dated 22.O2.2O22 in I.A.No.2 ol 2022 in W.P.No.2985 of 2022 and batch, as such, this Writ Petition rnirl' be <lisposed of in terms thereof.

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Therelbre, following the Common Order dated 18.02.2022 in W.P.No.328 of 2022 and batch as modified by the Order dated 22.02.2022 in I.A. No.2 of 2022 in W.P.No.2985 of 2022, in terms thereof, this Writ Petition is disposed of as under without any order as to costs:

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(i) The respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/ s without relerences to the Memo Nos.C2/257 12019 dated 26.O8.2O2O and 29.12.2020 issued by the respondent - the Commissioner arld Inspector General o[ Registration and Stamps, Telangana; Letter No.4S/TPlNMC/2U19 dated 01.11.2019 issued b_v thc respondent the Commissioner, Municipal Corporatior.r, Nizampet to the rt'sporrdent - the Sub Registrar, Quthbullapur, Ranga Redciy District, and similar letters, if an1'. issued by the various Munrcipal Commissioners in the State;

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(ii) the Sub Rcgistrars in thc Statc shall make all cndorscmcnl^at the reverse side of the first^page o[^{the documcnt referred in} direction No.(i) that registration so done^{is subject to outcome o[} SLP (Civil) No. 19695 of 2O2l filed by the^{State Governmcnt} before the Honble Supreme Court; and

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(iii) in case, it is found that there is any violatron of law like plots /^lands /^{structures being sold form part of F.T.L.and Buffer} Zone / Plots having less than 30 feet road width access, the^Sub Registrar sha.ll make an endorsement informing / cautioning^the purchasers that risk is involved in purchase of such^plots; such transactions are hit by relevant statutory^{provisions;that} registration of the same is subject to outcome of^{ordersof the} Honble Supreme Court in SLP (Civil) No.19695 of 2021.^{To that} effect, an endorsemcnt shall be madc on the reverse side ol^the first / sccond page ol the docttment and also tt't^tl.rc -^{cn( uml)ran( (' rcr ord. ut'l:silc clr.}

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The miscellaneous petitions pending, il ar-r1', shall^{stzrnd closccl}

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'l'hcre sl-rall be no orde r .IS to cost s

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//TRUE^COPY'

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SD/-T.KRISHNA^KUMAR ASSISTANT^REGISTRAR 9,'

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SECTION^OFFICER

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To, 1 Tho Princioal Secretary'^{Revenue (StaIP,s,.a!qRegistration) Department} 2 $ltl##issu-gi*rfi HezaEstate,^{RisaIa noo'ij'ti l;J'J3+3H!ffrH}1,T:#?q1?Irnarke'1-io-oiv'} J^j' ni^{g tt' Hvde ra ba d TeI a n g a n a}

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