Dismissed

C. Nithya v. The State of Telangana

Telangana HC15 Mar 2022WP/31046/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed against the inaction of the Sub-Registrar in registering sale deeds. Following a common order, the court directed the Sub-Registrar to register the documents without reference to administrative objections, subject to an endorsement cautioning buyers of legal risks regarding FTL and buffer zone violations and pending Supreme Court proceedings.

What did the court decide?

Directed Sub-Registrar to register sale deeds without reference to specific administrative letters; mandated cautionary endorsement on documents regarding SLP No.19695 of 2021 and legal risks.

C. Nithya 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) TUESDAY,THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 31046 OF 2021

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Between:

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C. Nithya, W/o Chandiran kumar, Aged about 32 years, Occ. House Wife, R/o 1- 2-3111, Andhra Bank Line, Nizampet Road, Kukatpally, Hyderabad. Rep by their DAGPA holder. M/s Manasa Constructions and Developers, Rep. by its Managing Partner: Bungatavula Vinod Kumar, S/o B. Nagaiah, Aged about 34 Years, Occ. Business, Rt/o Flat No.203, Manasa Paradise, Beside Sri Chaitanya Jr. College, Bachupally village and Mandal, Medchal-Malkajgiri District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Revenue (Stamps and Registration), Secretariat, Hyderabad.

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2 The Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad.

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3 The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District.

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4 The Dundigal Municipality, Rep by its Commissioner, Dundigal, Medchal Malkajgiri District.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No.3 in receiving, registering and releasing the sale deeds presented by the petitioners in respect of their Semi- Finished Flat Nos.401, 402, 4O3 and 404(in Fourth Floor), with built up area of each 660.00 Sq.Feet, (lncluding Common Area and Car Parking area), along with an Undivided share of land admeasuring 15.00 Sq.yards, (Out of 313.00 Sq.Yards), of TVANASA'S LAKEVIEW constructed on ptot No.23 in Sy.Nos.195 and 196, situated at Mallampet Village, Dundigal- Gandimaisamma

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Mandal, Dundigal lVlunicipality, Medchal- Malkajgiri^{District, on the basisof Memo} No.G2t25712019 issued by the respondent No.2 anc^{letter bearing no} B9/TPO/Dun/M^pll2O19 daled^{2O11212019 issued by the respc,ndentNo'4 as illegal,} arbitrary and one without .iurisdiction and to^consequently 'lirect^{the respondent} No.3 to receive, register and release the sale^{deeds presentedby the petitioners} in respect of their Semi- Finished Flat Nos.401 ,^{402, 4O3 ancl404(in Fourth Floor)'} with built up area of each 660.00 Sq.Feet,^{(lncluding Co'nmonArea and Car} Parking area), along with an Undivided^{shareof landadmeasuring'15,00} Sq.Yards, (Out of 313.00 Sq.Yards),^{of "MANASA'S LAKE/IEW" constructedon} Plot No.23 in Sy.Nos. 195 and 196, situated at^{[VlallampetVillage, Dundigal-} Gandimaisamma Mandal, Dundigal^{Municipality, Ir,4edchal- MalkajgiriDistrict,} without the reference of the Memo No.G2l257l2O19^{issuedby the respondent No.2} and letter bearing no B9/TPO/Dun/Mpl/201 9^{daled 20112't2019issued by the} respondent No.4.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^{prayingthat in the circumstances stated in} the affidavit filed in support of the^{petition, the High Court may be pleasedto direct} the respondent No.3 to receive,^{register and releasethe salt; deeds presented by} the petitioners in respect of their Semi-^{Finished Flat Nos.4tll} ,^{402' 403 & 404(in} Fourth Floor), with built up area of each 660.00^{Sq.Feet, (lncludingCommon Area} and Car Parking area), along with an Undivided^{share of land admeasuring15.00} Sq.Yards, (Out of 313.00 Sq.Yards), of^{"MANASA'S LAKEVIEW", constructedon} Plot No.23 in Sy.Nos.195 & 196, situated at^{MallampetVillage,Dundigal-} Gandimaisamma Mandal, Dundigal Municipality,^{Medch al-MalkajgiriDistrict,} without the reference of the Memo No.G2125712019^{issuedb1'the respondent No.2} and letter bearing no 89/TPO/Dun/Mpl/2019^{dated 20112i2019issued by the} respondent No.4, pending disposal of the above^{writ petition,}

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Counsel for the Petitioner :SRl. KATIKA RAVINDER REDDY

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Counsel for the Respondent No's.1 to 3:^{GP FOR STAMPSAND} REGISTRATION.

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Counsel for the Respondent No.4:^{SRl. N.PRAVEENKUMI,R(SC FOR MC)} The Court made the following: ORDER

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I I

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IIONOURAI}LE SRI .IUSTICI' B. VIJAYSEN RIiDDY

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\'lttT PFI'l'l l'lON No.31046 OIr 2021

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oItDER

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Heard both sides and perused the material on record.

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It is subrnitted by the leamed counsel on either side that subject rnatter 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 rnodilred 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 rnatter pending will not serve any purpose, as such, the sarne nray 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 docurnent/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 to final result ol the writ petirion.

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In view of the above, recording the aforesaid subrnission of the leamed counsel on either side, following the common order dated 18.02.2022 in W.P. No.328 ol 2022 and batch, as rnodified by the order dated, 22.02.2022 in l.A. No.2 ol 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 docurnent/s has/have already been registered and released pursuant to the interinr order;

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(i) the document/s regisrered by the Sub-Registrar shall be subject to outcome ofSLP (Civil) No.19695 of202l filed by the State Govemment before the Ilon'ble Supreme Court; and

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(ii) in case, it is lound that there is any violation of law like plots/lands/structures being sold form part of F.T.L. and Buffer ZonelPlots having lcss tlran 30 feet road rvidth access, the Sub

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I{ogistrar shall rnakc an cndorsemcnt inf'crning/cautioning thc purchascrs that risk is involvetl in purchasr: of such plots; such transactions are hit by rclsvant statutory provi;ions; that registration ot'thc sarlc is subject to olltcotne of ordcrs of thc Hon'ble Suprerne Court in SLP (Civil) No.19695 of 2021. To that effect, an endorscmcnt shall llc rnadc in the encurnbranc,: record. website etc.

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(B) Il the subject documenUs isiare not yet regir;tered and released pursuanl to the interirn ordcr;

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(i) tlie respondcnt - Sub-Registrar is dirr:cted to register the document of'salc, transfer and gili etc., prosen.cd fbr rcgistration by thc petitioner/s without referencc to thc Merno Nos.G2l25712019 dated 26.08-202O md 29.12.2020 issucd bv thc rospondent-the Commissioncr and lnspector General of Reg stration and Stamps, 'fclangana; Lcttcr No.45ll'PNMC/2019 dated 0l.l 1.2019 issued by thc rcspondent-the Commissioner, Municipal Corporation, Nizampct to the respondent-the Sub Registrar, Quthbullapur, Ranga Ilcddy District, and similar lctlers, if any, ir;sucd blr the various Municipal Corrnrissioners in thc State;

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(ii) the Sub Rcgistrars in thc Statc shall make zLn endorsement at thc rcverse side of the lirst page of the docurrcnt refcrrcd in direction No.(i) that rcgistration so done is subject to outcome of SLP (Civil) No.19695 of202l filed by the State Govcnrmc-rt befbrc the Hon'ble Supremc Court; and

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(iii) in casc, it is found that there is any violation of law like plots / Iands / structures bcing sold form part of F.T. t-. and llufTer Zone / Plots having less than 30 feet road rvidth acoess, the Sub Registrar shall rnakc an cndorsement itrfonning / cautirrning the purchasers that risk is involved in purchasc of such plots; such transactions arc hit by relevar.rt statutory provisiorrs; that rcgistration ol thc sarne is subject to outcome of orders of the Hon'blc Strpremc Court in SLP (Civil) No.19695 of 2O2l. To that effect, an r:ndorscment shall be made on the rcverse side of thc first / second page ol'the documcnt and also in thc encumbrancc rccord. website etc.

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

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writ petition stand closed.

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SD/.4 V.S,S.C.S.M,SARMA

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DEPUTY RE STRAR

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,TRUE COPY// SECTION OFFICER

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To,

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The Principal Secretary, Revenue (Stamps and Registr.rtion), Secretariat, State of Telangana, Hyderabad.

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The Commissioner and lnspector, General of Registration^and Stamps, Telangana, HYderabad.

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^_€otJ

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3.	The Sub-Registrar,euthbullapur,Medchal-tr,4alkajgiriDistrict.
4.	The Commissioner, Dundigal Municipality, Dundigal, MedchalMalkajgiri Drstrict.
	One CCtoSRl.KATIKARAVTNDERREDDYAdvocate tOpUCl
6	Two CCs to GPFORSTATVPSANDREGISTRATTON ,HighCourt forthe StateofTelangana.[OUT]
7.	OneCCtoSRl. N. PRAVEEN KUMAR(SC FORMC),Advocate tOpUCI
B.	TwoCDCopies
9.	OneSpareCopy
GSA
GJP