Disposed

M/s Sri Jagan Constructions v. The State of Telangana and 3 others

Telangana HC17 Mar 2022WP/31437/2021

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition seeking direction to register sale deeds despite objections. The court directed registration without reference to specific memoranda, subject to Supreme Court outcomes and statutory violations.

What did the court decide?

Directed Sub-Registrar to register sale deeds without reference to objected memoranda; registration subject to Supreme Court orders; endorsement to be made noting statutory risks.

M/s Sri Jagan Constructions Vs The State of Telangana and 3 others — Telangana HC (2022) — LawSathi Research

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[³¹⁸³ ]

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

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THURSDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTYTWO PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 31437 OF 2021

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Between:

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M/s Sri Jagan Constructions, Regd. Office at Block No.223, H.No 7-160, Second Floor, Pragathi Nagar, Bachupally Mandal, Medchal Malkajgiri District, Rept.^by its Partner Y. Vinootna Chowdhary, D/o Y. V. Ramana, aged about 21^{years Occ.} Business, Rl/o H.No. 1-2-311PP1302, PawanPlaza, Brindavan colony, Nizampet Road' Kukatpally' Hyderabad'

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...pETrrroNER

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AND

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1- The State of Telangana, Rept. by its Principal Secretary Stamps and Registration Department Secretariat, Hyderabad

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2- The Sub-Registrar, Quthbullapur mandal^{Ranga Reddy} District

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The Commissioner and Inspector General of Registration and^Stamps, Telangana State

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The Nizampet lvlunicipal Corporation, Rept. by its Commissioner^Medchal Malkajgiri District

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...RESPONDENTS

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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 Court may be} pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in^refusingto receive, register and release the sale deeds^presented by the^{petitionersin} respect of semi finished Flat No. 402 in 4th floorⁱⁿ the Building known as^"BOSON Towers", constructed on open^part of Plot No.293 and Plot No.294 in^Block'No. 226 in Sy. Nos. 146 / Part, 156 and 157 of Bachupally^{Village, BachupallyMandal} under Nizampet Municipal Corporation, Medchal Malkajgiri District on^{the ground} of (i) Memo bearing No.G2l257l2O19 dated 26{8-2020 issued by the^3rd respondent and⁽ⁱⁱ⁾ letter bearing No.45/TP/NMC/2019 dated^{01-1 1-2019 issued} by the 4th respondent as illegal, arbitrary and^{contrary to the orders passedby this} Hon'ble court in W.P.No.9248 of 2021 and consequently direct the 2nd respondent to receive, register and release the sale deeds^presented by^{the petitionersin} respect of semi- finished Flat Nos. 402 in 4th floorⁱⁿ the^{Buildingknown as} 'BOSON Towers", constructed on open part.of Plot No. 293 and Plot No. 294ⁱⁿ Block No. 226 in Sy.Nos. 146 I Part, 156 and 157 of Bachupally^Village, Bachupally Mandal under Nizampet Municipal Corporation, Medchal^Malkajgiri District without reference to Memo bearing No.G2l25712019 dated^26-08-2020 issued by the 3rd respondent and letter bearing No-45/TP/NMC/2019^dated 01-1 1-2019 as directed in W.P.No.9248 of 2021,

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IANO:1OF2 02'l

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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 2nd respondent to receive, register and release the sale deeds presented by the petitioner in respect of semi finished Flat Nos. 402 in 4lh floor in the Building known as BosoN Towers, constructed on open part of prot No. 2g3 and prot Nol 294 in Block No. 226 in Sy.Nos. 146 r part,156 and 157 of Bachupa[y vilage, Bach upa llymandal under Nizampet Municipal corporation, ueocnattr,latkaj!lri District, pending disposal of the above writ petition,

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Counsel for the Petitioner: SRl. V ROOPESH KUMAR REDDY (-

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Counsel forthe Respondents: Asst. Gp FOR REVENUE

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THE COURT MADE TH FOLLOWI NG ORDER:

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( (

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t I

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.31437 OF 2O2!

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ORDER:

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Heard both sides and perused the material on record.

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It is submitted by the learned counsel on either side that the 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 La.O2.2O22, as modified by the order dated 22.02.2022 in LA.No.2 of 2022 in W.P.No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serve any^purpose, as such, the same may^be disposed of in terms thereof.

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This Court passed interim order in this writ^petition directing the respondents to receive, process, register and release the subject document/ 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 of the writ petition.}

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In view of the above, recording the aforesaid submission^{of the} learned counsel on either side,^following the^{commonorder dated} 18.02.2022 in W.P. No.328 of 2O22 and batch,^{as modihedby the order} dated22.02.2022inl.A. No.2 of 2022in^{W.P.No.2985 ol 2022,in terms} thereof, this writ petition is disposed of as under,^{withoutany order as} to costs:

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(A) If the subject document/s has/have already been^{registered and} released pursuant to the interim order;

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(il the document/s registered by the Sub-Registrar shall be subject to outcome of SLP^(Civil) No.19695 of 2O2l^{filedby the} State Government before the Honble 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 Zone fPlols having less than 30 feet road width access,^theSub Registrar shatl 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}

I t I I !

registration of the same is subject to outcome of orders of the Honble Supreme Court in SLP (Civif) No. 19695 of 2021. To that effect, arr endorsement shall be made in the encumbrance record, website etc.

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(B) If the subject document/s is/are 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.G2/257 /2019 dated 26.Oa.2O2O and 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.a5lTP/NMC/2019 dated 01.11.2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, euthbullapur, Ranga Reddy District, and similar letters, if any, issued by various Municipal Commissioners in the State;

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(ii) the Sub Registrars in the State shali make an endorsement at the reverse side of the flrst page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.i9695 o{ 2021 frled by the State Government before the Honble 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 Zone f Plots having less thal 30 feet road width access, the Sub Registrar shall make an endorsement inforrning / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by reievant statutory provisions; that registration of the same is subject to outcome of orders of the Honble 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.

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The miscellaneous petitions pending, if any, shall stand closed.

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There shall bc no order as to costs.

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SD/-K.AMMAJI

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//TRUE COPY//

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ASSISTANT^REGISTRAR (2)

SECTION OFFICER

To, '1 . Th9 Principal Secretary Stamps and Registration Department, State of Telangana, Secretariat, Hyderabad 2. The Sub-Registrar, Quthbullapur mandal Ranqa Reddv District 3. The Commissioner and lnspector General of Registration and Stamps, Telangana State 4. The Commissioner Nizampet Municipal Corporation, Medchal Malkajgiri District

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One CC to SRl. V ROOPESH KUMAR REDDY Advocate [OpUC] 6. Two CCs to GP FOR REVENUE (TG) , High Court for the-State 5f Telangana at Hyderabad [OUT]. 7. Two CD Copies PVB

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HIGH COURT DATED:1710312022

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I I

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ORDER

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Or'
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WP.No.31437 ot 2021

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WRIR PETITION IS DISPOSED OF WITHOUT COSTS.

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M/s Sri Jagan Constructions v. The State of Telangana and 3 others

Case brief

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M/s Sri Jagan Constructions v. The State of Telangana and 3 others

Case brief

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