High Court disposed of a writ petition challenging refusal to register a gift deed. Directing Sub-Registrars to register documents despite circulars but subject to Supreme Court orders on FTL violations.
Directed Sub-Registrar to register gift deed disregarding circulars but with cautionary endorsement pending Supreme Court orders on FTL violations.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3183 ]
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
IVONDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 306 OF 2022
Between:
Paladugu Aruna, Wo. P.Yella Reddy, Aged about 57 years, Occ House wife, R/o. H.No.1-5-8-56, Sainikpuri, 3rd Avenue, Thirumalgiri, Hyderabad. ...PETITIONER
AND
...RESPONDENTS
Petition under Arlicle 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, Order or Direction, more particularly, one in the nature of Writ of [,4andamus, by declaring the action of the 3rd respondent in not receiving and to register and release the gift deed presenled by the petitioner in respect of thepiece andparcel of the Plot Nos. 104, admeasuring 152 Sq.Yards., Plot No. 105, admeasuring'152 Sq.Yards., and Plot No. 106, admeasuring'151 Sq.Yards., total land admeasuring 455 Sq.Yards., or 380.43 Sq.Mtrs.,52 Sq.Mtrs., in Sy.Nos. 53 and 54, situated at Rampally Village, Nagaram N/unicipality, Keesara Mandal, Medchal-Malkajgiri District, Telangana State, on the basis of lvlemo No.G2125712019, issued by the 2nd respondent as illegal, arbitrary, unlawf ul, withoutjurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article 14 of Constitution of lndian and conspquently to direct the 3rd respondent to receive, register and release the gift deed presented by the petitioner in respect of above said property, notwithstanding the lvlemo No.G2125712019, issued by the 2nd respondent,
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to receive, register and release the gift deed presented by the petitioner in respect of the piece and parcel of the Plot Nos. 104, admeasuring 1 52 Sq.Yards, Plot No. 105, admeasuring 152 Sq.Yards, and Plot No. 106, admeasuring 151 Sq.Yards, total land admeasuring 455 Sq.Yards, or 380.43 Sq.lr,ltrs, 52 Sq.Mtrs, in Sy.Nos. 53 and 54, situated at Rampally Village, Nagaram Municipality, Keesara Mandal, Medchal-Malkajgiri District, Telangana State, without reference to Memo No.G2125712019, issued by the 2nd respondent, pending disposal of the above writ petition,
Counsel for the Petitioner: SRl. METTU SHANKAR
Counsel for the Respondents: Asst. GP FOR REVENUE (STAMPS & REGISTRATION)
THE COURT MADE THE FOLLOWING ORDER:
HONOURABLE SRI JUSTICE B. VIJAYSEN IIEDDY
WRIT PETITION No.306 OF 2022
oRpER (I)RAL) :
Heard both sides and perused the material on record.
subject matter of this writ petition is squarely covered by the common orderpassed by this Court in W.P. No.328 of 2022 and 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 anypurpose, as such, the same may be disposed of in terms thereof.
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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 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:
(A) If the subject document/s has/have already been registered and
released pursuant to the interim order;
(i) the docurnenVs registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Govemment before the Hon'ble Suprerre Court; and
(ii) in case, it is found that there is any violation of taw like plots / lands / structures being sold form parl 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 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-Hen'ble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an
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endorsement shall be made in the encumbrance record, website etc.
(B) 11'the subject document/s isiare 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 of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2l2 57 I 20 19 dated 26.08.2020 and 29. 12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TPNMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and sirnilar letters, if any, issued by the various Municipal Commissioners in the State;
(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 registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Govemment before the Hon'ble Supreme Court; and
(iii) in case, it is found that there is any violation of law like plots / lands / structures being sold form part
1
/
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 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 Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an endorsement shall be made on the reverse side of the first / second page of the document and also in the encumbrance record, website etc.
As a sequel thereto, miscellaneous petitions, if any, pending
in this writ petition stand closed.
sd/- c. v MALLIKARJUNA VARMA DEPUF REGISTRAR ,TRUE COPYII ('!t SECTION OFFICER
To,
HIGH COURT
BVRJ
DATED:07/0312022
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ORDER
WP.No.306 of 2022
WP IS DISPOSED OF WITHOUT COST
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3 issues framed by the court
Whether the Sub-Registrar should register the gift deed for plaintiff properties disregarding circulars issued by the Revenue Department and Commissioner of Registration.
Whether the High Court should direct that registration of such documents be subject to the outcome of pending litigation in the Supreme Court regarding FTL and Buffer Zone violations.
Whether disposition of the current writ petition was proper by following the common order in batch W.P. Nos. 328 and 2985.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
Paladugu Aruna
The State of Telangana
The Commissioner and Inspector General of Registration and Stamps, Telangana State
The Sub-Registrar, Keesara
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
