Dismissed

Surapaneni Ravi Kumar v. State of Telangana

Telangana HC16 Mar 2022WP/31110/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding land registration in Telangana. Directing Sub-Registrars to ignore letters prohibiting registration of unauthorized plots pending Supreme Court orders while mandating cautionary endorsements on records regarding specific legal violations. No costs awarded.

What did the court decide?

Directed Sub-Registrars to register sale deeds ignored by the state memo, add cautionary endorsements regarding F.T.L. plots, and note pending Supreme Court SLP No.19695 of 2021.

Surapaneni Ravi Kumar Vs State of Telangana — Writ and Judicial Review | Telangana HC (2022)

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3183 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD[ (Special Original Jurisdiction)

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WEDNESDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITI ON NO:31 110 0F 2021

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Between:

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1 Surapaneni Ravi Kumar, S/o Surapaneni Venkateswara Rao , Aged aboul 47 years, Occ.Agriculture, R/o FIat No.3O3, Nityasri Homes, btreet No g Sivalayam ad, Alkapuri Twonship, puppalaguda, itanga Reddy District .

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2 R Muralidhar Reddy, S/o R. Ayyapu Reddy, aged 52 years, Occ. Agriculture, R/o l-4-33/C4, Venkateswara Colony, Gadwat, Mahablbnagar Distri-ct

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...PETITIONERS

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AND

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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 lVlarket, Hyderabad.

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3 The Sub-Registrar Gadwal, I\rlahaboobnagai District.

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(R3 CT is amended as per Court order dated. 07112t2022 in lA.No.2/2021)

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...RESPONDENT

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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^'cJurt 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 Respondent No.3 in refusing to receive register and release the sale deed presented by the petitioners towards land in Survey No. 374lAA paiki admeasuring Ac.4.06 Gts. Situated at Thimmapuram Village, Joulamba Gadwar District (Mahabubnagar), rtikyala !ta1!at,^{Mahabubnagar District, in pursuant to the lr,4emoNo.c2r2sll2o1g,} aiteo 26 08 2020, issued by the office of the Respondent No.2, under prohibition of registration of unauthorized plots and buildings against my land, as arbitrary, lllegal, without any jurisdiction contrary to provisioni of the iegistration Act 1908 and in violation of Act.14 of constitution of lndia and consequenfly direct the respondent No.3 herein to receive register and release the sale Deed presented by the Petltioners in respect their land, without reference to letter Memo No.G2125712019, dated 26.08.2020, 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 respondent No.3 herein to receive register and release the Sale Deed presented by the Petitioners towards Iand in Survey No. 374tAA paiki admeasuring Ac.4.06 Gts. Situated at Thimmapuram Village, ltikyala Mandal, Jogulamba Gadwal District (lvlahabubnagar) District in respect their land, without

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dated^{26.08.2020, issued by the Office} reference^{to letter Memo No G2l25712019} of the Respondent^{No 2}

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Counsel^{for the Respondents: NARASIMHULU'K'B}

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Counsel^{for the Respondents:GPFOR STAMPS AND REGISTRATION}

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The Court^{made the follovring:}

ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.31110 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 submitted by the leamed 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 darecl 22.02.2022 in I.A.No.2 ol 2022 in W.P.No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the sanre may be disposed of in tenns thereof.

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This Court passed interin-r order in this writ petition directing the respondents to receive, process, register and release the subject documenVs. However, conditions were imposed 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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ln view of the above, recording the aforesaid submission 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:

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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 document/s 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 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

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Hon'ble Supreme^{Court in SLP (Civil) No 19695of 2021To that} effect, an endorsement^{shall be made in the encumbrance} record, website^etc.

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(B) If the subject documenVs^{is/are not yet registeredand releasedpursuant to}

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the interim order;

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(i) the respondent - Sub-Registrar^{is directedto register the} docurent^{of sale, transfer and gift etc', presented forregistration} by the^{petitioner/swithoutreference totheMemo} ios.G2t257 t2O19 dated^{26.08 2020and 29'122020 issuedby} the respondent-the^{Commissionerand lnspector Generalof} Telangana; Registration and Stamps, Letier No.45ffPlNMC/2019^{dated01 1 1 2019 issued bythe} respondent-the^{Commissioner,lr'4unicipalCorporation'Ni-ampet} to the respondent-the^{Sub Registrar, Quthbullapur'Ranga} Reddy Distiict, and^{similar letters, if any, issued by thevarious} lr,4unicipal Commissioners^{in the State;}

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(ii) the Sub Registrars^{in the State shallmakean endorsementat} ihu ,er"rs" si6e^{of the first pageof the document referredin} direction No.(i)^{that registrationso done is subject to,outcomeof} SLP^(Civil) No.19695^{of 2021 filed by the State Governmenl} before the Hon'ble^{Supreme Court; and}

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(iii) in case, it is found that^{there is anyviolation of lawlike} 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^{makean endorsement informingi cautioning the} prriha""rs that risk is involved^{in purchaseof such plots; such} transactions are hit^{by relevant statutory provisions;that} registration of the^{same is subject to outcorneof orders of the} Hdn'ble Supreme^{Court in SLP (Civil) No 19695of 2021To that} effect, an endorsement^{shall be made on the reverse side of the} firsusecond^{page of the document andalso in the encumbrance} record, website^etc.