The High Court disposed of Writ Petition No.31193 of 2021 without costs, adhering to a common order passed in a batch of related writ petitions concerning property registration and a Supreme Court case.
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 AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITIO N NO:3'1193 OF 2021
Between:
M/s Spectra lndia Housrng (P) LTD,, having its office at 3-1i-456, Near Kamineni Hospitals, Opp. Big Bazar, L. B. Nagar, Hyderabad. Represented bv its authorised project Director Sri P. Rajendra piasad, Slo. p yellaiah, Occ. proieci Oirecior, R/o. H No.36-760/5, Adars'Nagar,'Himayith trtagar, ftyaeranaO
...Petitioner
AND
. ...Respondents
Petition under Article 226 0f the constitution of lndia praying that in the circumstances stated in the affldavit filed therewith, the High'ciurt may be pleased to issue any writ order or direction more particularly one in the natuie of writ of Mandamus decraring the inaction of the respondent No.3 in receiving, registering and releasing the sale deed presented by the petitioner in respect 6i Plot bearing Nos. 202la AND 1210, ln Sy.Nos 23,731E, 74taa, 7S,7SIEE, 76, 76lAA, 77 AND 77/AAt2, total admeasuring an extent of 434 sq. yards or 362.86 sq.meters, and situated at SURABHT HTGHTS PHASE -l SAIDAPUR VILLAGE YADAGIRIGUTTA MANDAL, yadadri Bhongir District, under Nalgonda Districi Gram P-anchayath, Saidapur M.p. yadagirigutta Z.p. yadadri Bh-ongir, on the basis of Memo No.G2l252 t2019 issued by the respondent No.2-as illegar, arbitrary and. one without jurisdiction and to consequen y direct the respondini No 3 to receive, register and release the sale deed presented by the petitioner Plot bearing Nos. 202la AND 1210, ln Sy.Nos. 23,73lE,74laa,75,7S:EE,76, 76lAA, 77 AND 77lAAl2, totar admeasuring an extent of 434 sq. yards or 362.86 sq.meters, and situated at SURABHI HIGHTS PHASE -l SAIDAPUR VILLAGE, YADAGIRIGUTTA MANDAL, Yadadrr Bhongir District, under Nargonda Districi
Gram Panchayath, Saidapur M.P. Yadagirigutta Z.p. Yadadri Bhongir, without the reference of the Memo No.G2125712019 issued by the respondent No.2,
lA NO: 'f OF 2021
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 to receive, register and release the sale deed presented by the petitioner in respect of Plot bearing Nos. 202la AND'1210, ln Sy. Nos. 7 3,7 3lE, 7 4 I aa, 7 5,7 slEE, 76, 76/A4, 77 AN D 7 7 I AN2, total admeasuring an extent of 434 sq. yards or 362.86 sq.meters, and situated at SURABHI NIGHTS PHASE -l SAIDAPUR VILLAGE, YADAGIRIGUTTA MANDAL, Yadadri Bhongir District, under Nalgonda District Gram Panchayath, Saidapur M.P. Yadagirigutta Z.p. Yadadri Bhongir, pending disposal of the above writ petition;
Counsel for the Petitioner(s): SRI. KATIKA RAVINDER REDDY
Counsel for the Respondents: GP FOR REVENUE
The Court made the following:
ORDER:
HONOURABLESRI JUSTICEB. VIJAYSENREDDY
WRIT PETITIONNo.311930F202L
ORDER:
Heard bothsides and perused the material on record'
(A) If the subject document/shas/havealreadybeenregistered and releasedpursuantto the interim order; (i) the document/sregisteredhy the Sub-Registrar shall be subject ,. ."i"tt"l "isiptci"ilt No'19695of 2o2l filed bv the StateCovernm-entbeforetheHonbleSupremeCourt;and
(ii) in case, it isfoundthat there- is anv violation of 1aw like plots / lands/ st"-t"*i""Uti"gsoldform nart of F T L and Buffer Zone/Plotshavingless than-30feet toai widthaccess'the Sub Registrar "nJf -"ft"an endorsement informing/cautioning the purchasers '["itr"[ is involved in purchaseof such plots; such tranSactionsarehitbyrelevarrtStatutoryprovisions;that
reglstration :j jl.^"*". is_subject to oulcome of orders of rire Honble Supreme courr in sr-p ici,.irj"no. r 969s of 202 r. To thar
record, website effect, an endorsement etc. "r.ri 'n..,r|aae in rhe encumbrance
(B) If the subject document/s is/are not yet registered and released
pursuant to the interim order;
,1,,, (i) the respondent _ Sub_Registrar is directed to register the document of sale, ,.rr"i"i'-rr; ",".,presenredfor registration by^the petitione;7 " ;;d; reference to the Memo Nos.G2 / 2sz / 29 r ? daled 26.6; ;;;o" ;d, 2s. r2.2o2o issued bv the respondent_th" .co;;;;;;;i"#o ,.,"o""tor Generar Jr Registration and St"-i..*.. relangana; Letter Nol+sfipf-Nrrlclzois ;;;"' .n Nizampet ry tr, " .J"po., to the den respona"rr t_ the co,ri,ili}o., ai'rr." J"t" "., r^l"tJ ffjt "..o.iii,l?,1 nang"'neily' District, and similar,.,;l9:tr.T' Quthbullapur, various Municipal c.-i""i.".1;,; a,,y, issued by ""J,Sij;.it
""J,Sij;.it (ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the n.",-p.g.""i-iie document referred in direction No.(i) that-r:egist.atiolTJ i;";,i" subject to outcome of SLp (Civit) No.19695"of 2o;1' ;;;";:., the State Government berore the sono;".;r.;""';li1'lj'
(iii) in case, it is.found.that there is arry violarion of law like plots /la_nds / strucrures b"i;s ;;ij ;;;.r;. of F.r.L. and Buffer Zone /ptots having less rh; j0 i; H; width access, the Sub Registrar shalt make ," ."d".;;;;; ii?o.ing / cautioning the purchasers that ris.k i" inrotu"Jin f;;;;"r"" ot such plors; such transactions are hit ty ."l.runt.li"i",.o provisions; that registration of the^same is ""bj;;; ,J.1,,,.o,," of orders of the Honble Suprem^e^C-ourt i" srpl,C*,ti",uJ.lrus, of 2021. To that effect, an endorsement sha.ll be _.i" orr-,1_r. reverse side of the flrst / second page J..rr" ;;;;"", -----.-"^ and also in the encumbrance record, website "i".
The miscellaneous petitions pending, if any, shalr stand crosed. There shall be no order as to costs.
SD/- P. PADMANABHA REDDY ASSISTANT REGISTRAR
,TRUE COPY'
P
SECTION OFFICER
r
To,
,
HIGH COURT
BVRJ
DATED:1710312022
S TAr€
JuN il?? o
d o7
o P
ORDER
WP.No.31193 of 2021
WRIT PETITION IS DISPOSED OF WITHOUT COSTS
2 issues framed by the court
Whether to dispose of the writ petition on the basis of a common order in another batch of writ petitions.
Whether to direct the Sub-Registrar to register the sale deed and record the caution regarding Supreme Court orders in civil appeal.
M/s Spectra India Housing (P) LTD
State of Telangana Rep by its principal Secretary Revenue (Stamps and Registration)
The Commissioner and Inspector General of Registration and Stamps, Telangana
The Sub-Registrar, yadagirigutta
B. VIJAYSEN REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
