Disposed

G.Rama Chandra Reddy and 4 others v. The State of Telangana and 3 others

Telangana HC16 Mar 2022WP/29082/2021

Case brief

AI extract

What is this about?

This High Court of Telangana disposed of a writ petition challenging the registration of sale deeds for semi-finished flats. The Court declined to pronounce on substantive issues, directing the Sub-Registrar to register documents subject to an endorsement cautioning of pending Supreme Court litigation regarding land violations.

What did the court decide?

Registration of sale deeds directed subject to an endorsement warning purchasers of risk due to pending Supreme Court order on F.T.L. and Buffer Zones.

G.Rama Chandra Reddy and 4 others Vs The State of… — Writ and Judicial Review | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY,THE SIXTEENTH 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: 29082 OF 2021

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Between:

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G.Rama Chandra Reddy, S/o.G.Chinna Subbi Reddy, aged about 53 years, Occ. Business, F|/o. Plot No.1295, Flat No.502, Jaya Durga Residency, Pragati Nagar, Opp. JNTUC, Kukatpally, Hyderabad - 500 090. Telangana State

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Thanikanti Gowri, W/o.Y.V.Ramana, aged about 65 years, Occ. Retired Employee, Fi/o. H.No.49/504/38/3, Palakottala Sriramnagar, Kurnool - 518001 ,AP State.

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V.S.Guna Ramjan Raju, S/o.V.Vishwanadha Raju, aged about 48 years, Occ. Business, 1st floor, Near Panchavati Apartments, Pragatinagar, Opp. JNTUC, Kukatpally, Hyderabad - 500 090. Telangana State

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lttadi China Chenchaiah, S/o. lttadi Basavaiah, aged about 40 years, Occ. Business, RJo.H.No.2-1-23l'13/7, lndiranagar, Beside HN/T Hills, Opp. JNTUC, Kukatpally, Hyderabad - 500 090. Telangana State

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Vuyyuri Sai Rama Krishnam Raju, S/o. Vuyyuri Lakshmipathi Raju, aged about 53 years, Occ. Busrness, RVo. Plot No.467, Pragatinagar, Near Sai Baba Temple, Opp. JNTUC, Kukatpally, Hyderabad - 500 090. Telangana state

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..PET.,.NERS

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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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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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...RES'.NDENTS

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Petition under Article 226 ol 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^{petitionersin} respect of semi-finished flat nos.301 ,3O2, 401 and 402 in 3rd and 4th floors, in the building known as SRI SAI SANNIDHI, on^plot bearing no.275,ⁱⁿ Block^{no.153, in} Survey nos. 155(Part), 162, 163, 164 and 165(Part), situated at^Bachupally

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Village, Bachupally Mandal, under Nizampet Municical^Corporation, Medchal-Malkajgiri Dis rict, Telangana State on the^grounds of^{(i) lr,4emo} bearing no.G2t257t2O19 dated 26.08.2020 issued by the 3rd responclent^{and (ii) letter} bearing no.4S/TP/NMC^/2019 dated 0111112019 issued by the^,+th respondent as illegal, arbitrary and cr ntrary to the^provisions of the Registration^{Act, '1908 and} also contrary to the or lers^passed by this Hon'ble Court^{in W.l).No.9248ol 2021} and consequently dire I the 2nd respondent to receive, registor^{andreleasethe} sale deeds^presented 5y the^petitioners in respect of semi-finrshed^{flat nos.301,} 302, 401 and 402 in 3rd and 4th floors, in the building kttown as SRI^SAI SANNIDHI, on^plot be aring no. 275, in Block no.153, in Survey nc,s. 155(Part), 162, 163, 164 and 16^i(Part), situated at Bachupally Village, Eachupally Mandal, under Nizampet I,4un lipal Corporation, Medchal-Malkajgiri District, Telangana State without referen< : to (i) t\4emo bearing no.G2l257l2O19 dated^2610812020 issued by the3rd resp< ndent and (ii) the letter bearing no.45/TF /NMC;/2019 issued by the 4th respondent lated 01/1 1/2019 as directed in W.P.No"9248^t'tf 2021^. lA NO: 1 OF 2021

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Petition under S ection 151 CPC^praying that in the circumstances stated in the affidavit filed in su^port of the^petition, the High Court may be^pleased to direct the 2nd respondent tc receive, register and release the sale deeds^presented by the petitioners in resp -.ct of semi-finished flat nos.301 ,302, 401 and 402 in 3rd and 4th floors. in the ruilding known as SRI SAI SANNIDHI,^{r:n plot} bearing no. 275, in Block no.153 in Survey nos- 1ss(Part), 162, 163,'64 and 165(Part), situated at Bachupal I Village, Bachupally Mandal, under lrlizampet Municipal Corporation, Medcha^.lValkajgiri District, Telangana State without reference to (i) Memo bearing no.( 2125712019 dated 2610812020 issued by the 3'd respondent and (ii) the letter b( aring no.45/TP/NMC/2019 issued by the 4th respondent 0'1 .1'1 .2019 as directe I in W.P.No.9248 of 2021 disposal of the abo!'e writ petition and pass

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Counsel for the Petit rners: SRI S. SRIDHAR Counsel for the Resp rndent Nos.1 to 3: AGP FOR REVENUE Counsel for the Restr rndent No.4: SRI N. PRAVEEN KUMAR,

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SC FOR MUNICIPALIT'/

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The Court made the 1:llowing: ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.29082 of 2021

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ORDER(ORAL):

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(

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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 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 LA.No.2 of 2022 in W.P.No.2985 of 2022 and batch, and therefore, keeping the matt$ pending will not serve any^purpose, as such, the same may be disposed of in terms thereof.

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This Cou( passed interim order in this writ^petition directing the respondents'io receive, process, register and release the subject documenVs. However, conditions were imposed that^(a) the^petitioner/s is/are not^permitted to withdraw the writ petition and^(b) registration shall be subject to^{finalresultof} 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 batch, as modified by the order dated^22.02.2022in I.A.No.2 of 2022 in W.P.No.298 5 of 2022, in terms thereof, this^{writ petitionis} disposed ofas under, without any order^as to^costs:

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(A) If the subject docurnent/s has/have already been registered and released pursuant to the interirn order;

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(i) the documenUs registered by the Sub-Registrar shall be subject to outcome of SLP^(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/structures being sold form part of F.T.L. and Buffer ZonelPlots having less than 30 feet road width access, the^Sub Registrar shall make an endorsement inform ing/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 orders of^the

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Hon'bl , Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an endorsement shall be made in lhe elcumbrance record website etc.

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(B) If the subject docurnent/s is/are not yet registered and releasecl pursuant to the interim order:

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(i) th : respondent - Sub-Registrar is directed to register the docun ,'nt of sale, transfer and gift etc., presented for. registration by tt e petitioner/s without reference to lhe l,4emo Nos.G t/257l2019 dated 26.08.2020 and 29.i2.202J issued by the re ipondent{he Commissioner and lnspector General of Regist ation and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01 .1 1.2019 issued by the respor lenlthe Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, euthbullarlur, Ranga Reddy District, and similar letters, if any, issued by the various Munici ral Commissroners in the State;

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(ii) the Sub Registrars in the State shall make an endorsement at - the re erse side of the first page of the documenj refer.ed in directi( n No.(i) that registration so done is subject to outcome of SLP (, )ivil) No.1 9695 ol 2021 filed by the Stale r3overnmenl before :he Hon'ble Supreme Court; and

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(iii) in :ase, it is found that there is any violation of law like plots/l: ids/structures being sold form part of F.T.L. and Buffer Zonelt lots having less than 30 feet road width acc€,ss, the Sub Regist ar shall make an endorsement inform ing/ca utioning the purch€;ers that risk is involved in purchase of such plots; such transa, tions are hit by relevant statulory provisions; that registrr tion of the same is subject to outcome of orders cf the Hon'bl, Supreme Court in SLp (Civit) No.19695 of 2021. To that effect, :n endorsement shall be made on the reverse side of the firsVse;ond page of the document and also in the encumbrance record website etc.

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As a sequel hereto, miscellaneous petitions, if any, pencling in this writ

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petition stand closer

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sor-r.r<nrsnruA KUMAR

ASSISTANT REGISTRAR

,TRUE COPY//

SECTION OFFICER

To, 1. The Principal^{Se :retary,Stamps and Registration Department,Stateof} Telanoana. Secr rtariat, Hyderabad

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The S-ub-R;gistr^{rr, Quthblllapur Mandal, Ranga ReddyDis;trict}

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:. rne Commi.lior^{ei, and lnspdctor General of Registration and Slamps,} Telangana State

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+. ifre Ctmmissior^{er, Nizampet Municipal Corporation, Medchal Malkajgiri} District

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One CC to Sri^{S . Sridhar, Advocate} [OPUC]

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Two CCs to GP^{or Revenue, High Courtfor the State of Tr:langana} at Hyderabad. [(^tUT]

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One'CC to Sri N Priveen^{Kumar,SC for Municipality[OP|'JC]} B. Two CD CoPies

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One Spare CoP^.

Srn ; tss .,ll/

HIGH COURT

DATED:''16/03/2022

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ORDER

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WP.No.29082 of 202

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DISPOSING OF THt WP WITHOUT COSTS

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G.Rama Chandra Reddy and 4 others v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

G.Rama Chandra Reddy and 4 others v. The State of Telangana and 3 others

Case brief

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