Disposed

Sri. Gopalamgari Pradeep Kumar Reddy v. The State of Telangana

Telangana HC21 Mar 2022WP/30561/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a mandatory direction to register sale deeds for specific land plots without reference to prohibition memos issued by the Revenue Department, upholding a continuance of prior interim registration directions subject to Supreme Court review.

What did the court decide?

The Sub-Registrar was directed to register documents without reference to prohibition memos and make statutory endorsements warning of pending Supreme Court SLP No.19695 of 2021 and land law violation

Sri. Gopalamgari Pradeep Kumar Reddy Vs The State of… — Property and Title | Telangana HC (2022)

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[³¹⁸³ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(SPecial Original Jurisdiction)

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MONDAY, THE TWENTY FIRST 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: 30561 OF 2021

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Between:

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Sri. Gopalamgari Pradeep Kumar Reddy, S/o Late G.Mohan Reddy.

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Sri Pamu Chandrashekar, S/o late P.Lakshminarayana

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...PETTTTONER(S)

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AND

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The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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The Commissioner and lnspector, General of Registration and Stamps, Telangana, Office at Moazamjahi Market Road, Hyderabad,

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The Sub- Registrar, Jadcherla, Mahaboobnagar District

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...RESPONDENTS

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Petition under Article 226 oI the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents No. 3 in refusing to receive register and release the Sale Deed/s presented by the Petitioners towards the Plots in Survey No. 486/U, extent of land admeasuring Ac. 03- 20 Gts., and Sy.No. 487|EE1, extent Ac. 00- 28 Gts., total extent of land adm., Ac.4- 08 Guntas, situated at Polepally Village of Jadcherla fVandal, Mahabubnagar District in pursuant to the Memo No. G2125712019, dated. 2610812020, issued by the Office of the Respondent No.2, under Prohibition of registration of unauthorized plots against the Petitioners' land, as arbitrary, illegal, without any^jurisdiction contrary to the Provisions of the Registration Act 1908 and in violation of Article 14 of Constitution of lndia and consequently direct the Respondents No.3 herein to receive register and release the Sale Deed/s presented by the Petitioners' in respect of their land, without reference to letter lrlemo No. G2l257l2O1S, dated. 2610812020, issued by the Office of the Respondent No.2.

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lA NO: 1 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 respondents No.3 herein to receive rergister and release the Sale Deed/s presented by the petitioners' towards the Plots in Survey No. 486/U, extent of land admeasuring Ac. 03- 20 Gts., and Sy.No. 4t37lEE1 , extent Ac. 00- 28 Gts., total

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extent of land adm., Ac. 4- 0B Guntas, situated at polepally Village of Jadcherla Mandal, Mahabubnagar District without reference to Letter Memo No.G2l2 sll2o1g, dated 2610i312020 issued by the Office of the Respondent No. 2.

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Counsel for the Petitioners : Sri Prakash Chakravarthy

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Counsel f(,r the Respondents : GP FOR REVENUE

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THE COUFlT MADE THE FOLLOWI NG ORDER:

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HONOURABLE SRI JUSTTCE B. VIJAYSEN REDDY WRIT PETITION No.30561 oF 2021

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oRpER (ORAL):

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Heard both sides and perused the material on record.

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It is sublnitted by the leamed counsel on either side that subject matter of this writ petition is squarely covered by the common order passed by this Courl in W.P.No.328 of 2022 and batch dated, 18.02.2022, as rnodified by the order dated22.02.2022 in I.A.No.2 of 2022 in W.p.No.29g5 of 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the same rnay be disposed of in terms thereof.

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

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In view of the above, recording the aforesaid subrnission of the learned counsel on either side, following the common order dated 18.02.2022 in W.P.No.328 of 2022 and batch, as modihed by the order d,ated 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 interirn order;

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(i) the documenUs registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 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

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<br>

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informing/cautioning the^{purchasersthat risk is involvedin} 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 Hon'ble Supreme^{Court in SLP} (Civil) No.19695 oI 2021. To that effect, an endorsement shall be made in the encumbrance^{record, websiteetc.}

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(B) lf the subject document/s is/are not^{yet registeredand released} pursiuant to the interim order;

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(i) the respondent - Sub-Registrar^is directed to^{register the} document of sale, transfer and^{gift etc., presentedfor} registration by the^{petitioner/swithoutreferenceto the} lrlemo Nos.G2l25712019 dated 26.08.2020^{and29.12.2O2O} issued by the respondent-the Commissioner^{and Inspector} General of Registration and^{Stamps,Telangana;} Letter No.45/TP/NIMC/2019 dated^01.'l 1.2019^{issued by the} respondent-the Commissioner, Municipal^Corporation, Nizampet to the respondent-the Sub^Registrar, Quthbullapur, Ranga Reddy^{District, and similar letters,if} any, issued by the various^{lvlunicipalCommissionersin 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 referred in direction No.(i)^{that registrationso} done is subject to outcome of SLP^{(Civil) No.19695of 2021} filed by the State Government before the^{Hon'ble Supreme} Court; and

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(iii) 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 roadwidth} access, the Sub Registrar shall^{makean endorsement} informing/cautioning the^purchasers that^{risk is involvedin} 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 Hon'ble^{Supreme Court in SLP} (Civil) No.19695 of 2021 . To that effect, an endorsement shall be made on the reverse side^{of thefirsUsecond page} of the document and also in the encumbrance^record, website etc.

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As a sequel thereto, rniscellaneous^petitions, if^{any, pendingin this} writ petition stand closed. a ,

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SD/.K.SAILESHI ASSISTANT^REGTSTRAR //TRUE^GOPY// ! -o' SECTION^OFFICER

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To,
1. The Principal Secretary, Revenue Depadment, State of Telangana,
Secretariat, Hyderabad.
2. The Commissioner and lnspector, General of Registration and Stamps,
Telangana, Office at Moazamjahi Market Road, Hyderabad,
3. The Sub- Registrar, Jadcherla, Mahaboobnagar District (By RPAD)
4. One CC to SRI Prakash Chakravarthy, Advocate TOPUCI
5. Two CCs to GP FOR REVENUE, High Court at Hyderabad [OUT]
6. Two CD Copies
ZE,E

I : i I I { I

, I i i I i

HIGH COURT DATEID:21 10312022

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ORDER

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WP.ltlo.30561 of 2021

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WRIIR PETITION IS DISPOSED OF WITHOUT COSTS.

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CD(I^

Sri. Gopalamgari Pradeep Kumar Reddy v. The State of Telangana

Case brief

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Sri. Gopalamgari Pradeep Kumar Reddy v. The State of Telangana

Case brief

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