Dismissed

P. Sateesh Kumar v. The State of Telangana

Telangana HC23 Mar 2022WP/28801/2021

Case brief

AI extract

What is this about?

The Telangana High Court disposed of a writ petition challenging the refusal to register sale deeds under FTL norms. Relying on a common order in related matters, the Court directed the Sub-Registrar to register documents without reference to specific State/Municipal dispensations but to endorse them regarding pending Supreme Court litigation on FTL violations.

What did the court decide?

The writ petition is disposed of following the common order dated 18.02.2022, directing registration without reference to specific State/Municipal notifications, subject to Supreme Court orders on FTL

P. Sateesh Kumar Vs The State of Telangana — Land Acquisition | Telangana HC (2022)

{

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

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WEDNESDAY,THE TWENTY THIRD^{DAY OF MARCH} 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: 28801 OF²⁰²¹

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Between:

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P. Sateesh Kumar, S/o. P. Ratnagiri^Rao, aged about^{56 years, Occ. Employee,} R:/o. Flat No. 404, Vertex Paradise, Brindavan^{Colony, NizampetRoad,} Kukatpally, Hyderabad. Rep.by his GPA holder^{M/ s. S.S.K.lnfra, Rep.by its} Partndr, k. Subba Reddy, S/o. K. Singa Reddy, aged about^{40 years, Occ.} Business, Rl/o. Flat No. 308, Block-A, Vertex Pleasant,^{BrindavanColony,} Nizampet Road, Kukatpally,^{Hyderabad-500090.}

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...PETITIONER

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AND

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The State of Telangana, represented by its Principal Secretary,Stamps^and Registration Department, Secretariat, Hyderabad.

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2 The Sub-Registrar, Quthbullapur Mandal, Ranga Reddy^District.

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The Commissioner and lnspector^General of^{Registration and Stamps,} Telangana State.

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The Nizampet Municipal Corporation, rep. by its Commissioner,^Medchal Malkajgiri District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in^the circumstances stated in the affidavit filed therewith,. the High Court may^be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in refusing^to receive, register and release the sale deeds^presented by the^petitioner in respect of semi finished flat nos. 361, 303, 402 and 501 in 3rd, 4th and sth^{floors in the} building known as SAI GAGAN ARCADE, constructed on Plot^{Nos.2, in Survey} Nos-13A, 138 and 148, situated at Bachupally Village and Gram Panchayat, Bachuaplly Mandal, Medchal-Malkajgiri District, Telangana State on the^grounds of (i) Memo bearing no.G2l25712}19 dated 26.08.2020 issued by the^3rd respondent and (ii) letter bearing no.45/TP/NMC/2019 dated 01.11.2019^issued by the 4th respondent as illegal, arbitrary and contrary to the^provisions of the Registration Act, 1908 and also contrary to the orders passed by this Hon'ble Court in W.P.No.9248 o'f 2021 and consequently direct the 2nd respondent to receive, register and release the sale deeds^presented by the^petitioner in respect of semi finished flat nos. 301, 303, 402 and 501 in 3rd, 4th and Sth floors in the

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----,

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building known as SAI GAGAN ARCADE, constructed on Plot Nos.2, in Survey Nos.13A, 13B and 148, situated at Bachupally Village and Gram Panchayat, Bachuaplly Mandal, ftiledchal-Malkajgiri District, Telangana State without reference to (i) Memo bearing no.G2l25712019 dated 26.08.2020 issued by the 3rd respondent and (ii) the letter bearing no.45/TP/NMC/20'19 issued by the 4th respondent dated 01.11.2019 as directed in W. P. No .9248 of 2021 and^pass

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IA NO:^'l OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to receive, register and release the sale deeds presented by the petitioner in respect of semi finished flat nos. 301, 303, 402 and 501 in 3rd, 4th and sth floors in the building known as 'SAl GAGAN ARCADE", constructed on Plot Nos. 2, in Survey Nos.13A, 13B and 143, situated at Bachupally Village and Gram Panchayat, Bachuaplly Mandal, Medchal-Malkajgiri District, Telangana State without reference to (i) Memo bearing no.G2l25712019 dated 26.08.2020 issued by the 3rd respondent and (ii) the letter bearing no.45/TP/NMC/2019 issued by the 4th respondent dated 01.'l 1.2019 as directed in W.P.No.9248 of 2021,^pending disposal of the above writ^petition and^pass

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Counsel for the Petitioner : SRl. S SRIDHAR

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Counsel for the Respondents 1 to 3 : GP FOR STAMPS AND REGISTRATION Counsel for the Respondents No.4 : SRI.N.PRAVEEN KUMAR SC FOR GHMC The Court made the following: ORDER

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ii ! ir li lt jilt i i I I i ,l ii I i

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( I

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HONOURABLE SRJ JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.28E01 OF 2021

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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 leamed coumel on either side that subject matter of 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 by the order dated22.02.2022 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 same may be disposed of in terms thereof.

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This Court passed interim order in.lhis writ petition directing the respondents to receive, process, register and release the subject document/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject 1o final result of the writ petition.

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In view of the above, recording the aforesaid submission of the leamed counsel on either side, following the common order dated 18.02.2022 in W.P. No.328 of 2022 and batclL as modified by the order date<l 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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(A) If the subject document/s has/have already been registered and released pursuant to the interim order;

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(i) the document/s registered by the Sub-Registrar shall be subject to outcome of S[-P (Civil) No.19695 of2021 filed by the State Government before 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/struchrres being sold form part of F.T.L. and Buffer ZonelPlots having lcss than 30 feet road width access, the Sub

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Registrar shall make an endorsement informing/cautioning th.e purchasers that,lsl( is involved in purchase of iuch plots; such transactions are hit by relevant statutory provisions; tf,ut ."gistrutio, of the same is subject to outcome of orders oi tfr" ffon,UI"Iup."." Court in SLp (Civil) No.19695 of 202t. To that eff;t, an endorsernent shall be made in the encumbrance record, website etc.

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(B) If the subject documehUs is/are not yet registered and released pursuant to the interim order;

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(i) the respondent - Sub-Registrar is directed to register the document ofsale, transfer and gift etc., presentcd fo.."gi;t ution bf the petitioner/s without reference to the Memo Nos.G2l2 S7/2Olg d,atd 26.Og.2O2O.and 29.t2.2020 issued by the respondent_thl Commissioner d ,ln.gTlo_. _C-"neral o[ Reg]stration and Stamfs, Telangana; Letter No.45lTpNMC/2019 aatt Ot.t t.ZOtS issuJ by the respondent-the Commissioner, Municip"l C"ry;;;;, Nizampet to the respondent_the Sub Registrar, quinUuffupu., n!u Reddy District, and. similar letters, ifLy, issued by tir" vaAoirs Municipal Commissioners in the State;

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(ii) the Sub Registran in the State shall make an endorsement at the reverse side of the first page of the document referred in direction No.(i) that registration.so done is subject to outcome of SLp (Civil) No.19695 of 2021 filed by the State dovenrment before the Hon,ble Suprone Court; and

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(iii) in case, it is f<iund that there is any violation of law like plots / lands / structures being sold form pajol F.T .L. and Buffer Znne I Plots having less than 30 Get road width access, the Sub Registrar shall make an cndorsement informing / cautioning tt" p*ctase.s that risk is involved in purchase ofsuJh plots; such transactions are hit by relevant staturory provisions; that'registrarion of the same is subject to outcomc of orders of the Hon,blc Supreme Court in SLp (Civil) No.19695 of 2O21. To that effect, an endorsement shall be made on the reversc side ofthe first / second page of the document and also in the encumbrance record, wcbsite erc.

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As a sequel thereto, rnisccllaneous petitions, il any, pending in this

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writ petition stand closed.

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SD/. T. SRINIVAS

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ASSISTANT REGISTRAR //TRUE COPY//

t',,)_-

SECTION OFFICER

To,

1 . The Principal^{Secretary,Stamps and Registration Department, Secretariat,} State of Telangana,^Hyderabad.

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The Sub-Registrar,^{Quthbullapur Mandal, RangaReddy District.}

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The Commissioner^{and lnspector Generalof Registration and Stamps,} Telangana State.

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i I

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I 1l ii ii t I I

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The Nizampet Municipal Corporation, rep. by its Commissioner, Medchat Malkajgiri District.

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One CC to SRl. S SRTDHAR Advocate [OpUC]

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Two CCs to GP FOR STAMPS AND REG|STRATION, High Courtforthe State of Telangana. [OUT]

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l 1 I

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One CC to SR|.N.PRAVEEN KUMARN SC for GHMC

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Two CD Copies

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One Spare Copy

ANV

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HIGH COURT

DATED: 23103t2022

ORDER

WP. NO. 28801 of 2021

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DISPOSING THE WRIT PETITION

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WITHOUT COSTS

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P. Sateesh Kumar v. The State of Telangana

Case brief

What is this about?

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P. Sateesh Kumar v. The State of Telangana

Case brief

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