Disposed

M/s.S.S.S.K.Infra v. The State of Telangana

Telangana HC17 Mar 2022WP/31926/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the Refusal of the Sub-Registrar to register sale deeds. The court directed registration in terms of a common order but imposed conditions requiring endorsements regarding pending Supreme Court outcomes and statutory violations related to plots sold in FTL zones.

What did the court decide?

Directed the Sub-Registrar to register documents subject to a mandatory endorsement warning purchasers about FTL violations and pending Supreme Court outcomes; no costs awarded.

M/s.S.S.S.K.Infra Vs The State of Telangana — Property and Title | Telangana HC (2022)

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[³¹⁸³ I

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

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THURSDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENry TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 31926 OF 2021

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-Between:

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M/s.S.S.K.lnfra, having its office at flat No. G-3, Jaya Crest, plot no. 14tparl, Bnnctavan Hills colony. Nrzampet, Medchal-Malkiigiri District rep. bv its Managing Partner Kunim Subba Reddy S/ o.K.Sing5 n.OOr,, i.qediOoit +r years, Occ. Business, R/o. ptot no 3, Vivekanada itagar Ctioni, kutiiftffy, Hyderabad

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...PETITIONER

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AND

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1 I!"_,9!19 of Tetangana, represented by its principal Secretary,stamps and Kegtstratton Department. Secretaflat. Hyderabad

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The Sub-Registrar, Quthbuilapur Mandat, Ranga Reddy District

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The Commissioner and lnspector General of Registration and Stamps, Telangana State

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The- Nizampet Municipal Corporation, rep_ 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 or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in refusing to receive, register and release the sale deeds presented by the petitioner in respect of semi finished ftat nos 403 404. 406. 407 and 408 in 4th floor in the building known as s.s. K. PLATTNUMS, Brock-c constructed on open rand, in forming part of Survey Nos 30g and 309,situated at Bachupally Village, Bachupally Mandal, under Nizampet tr4unicipar corporation, Medchal-Malkajgiri District, Telangana state on the grounds of (i) tvemo bearing no _G21257 t2019

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dated 26/08t2020 issued by the 3rd respondent and (ii) letter bearing no 45/Tp/NMC/2019 dated 01111t2o1g issued by the 4th respondent as iregar, arbitrary and contrary to the provisions of the Registration Act, .rg0B and arso contrary to the orders passed by this Hon'bre court in w.p.No.g24B of 2021 and consequently direct the 2nd respondent to receive, register and rerease the sare deeds presented by the petitioner in respect semi finished frat nos. 403,404, 406' 407 and 408 in 4th froor in the buirding known as s s. K. 'LATTNUM', Block-C constructed on open land, in forming part of Survey Nos. 308 and 309, siluated at Bachupally Village, Bachupally Mandal, under Nizampet Municipal corporation' Medchar-Markajgiri District, Terangana state without reference to (i) Memo bearing no G2r257 t2o1g dated 26to,t2o20 issued by the 3rd respondent and (ii) the retter bearing no.45/Tp/NMC/2019 datecr 01111/2o.lg as directed in W P No.9248 of 2021 .

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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 fired in support of the petition, the High court may be preased to direct the 2nd respondent to receive, register and rerease the sare deeds presented by the petitioner in respect of semi finished flat nos. 403, 404,406, 407 and 408 in 4th floor in the building known as s s.K.'LATINUMS, Block-c constructed on open rand, in forming part of survey Nos. 30g and 30g, situated at Bachupally Village, Bachupally Mandal, under Nizampet Municipal corporation, Medchar-Markajgiri District, Terangana state without reference to (i) Memo bearing no G2r257 t2019 dated 26.08.2020 issued by the 3rd respondent and (ii) the retter bearing no.4SlTp/NMC 12019 dared 0111 1 r201g as directed ,n W P.No 9248 of 2021 pending disposal of the above writ petition.

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Counset for the petitioner :SRl. S SRIDHAR

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Counsel for the Respondent Nos. .t to 3 : AGp FOR REVENEU

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Respondenilro.+ : snr N PRAVEEN KUMAR sc FoR ;il,lEillt,l:

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The Court made the following: ORDER

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-'--.7

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.31926 o? 2o2t

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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 18.02.2022, 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 \rrere imposed that (a) the petitioner/s is/are not permitted ro withdrarv the writ petition and (b) registration shall be subject to final result of the u,rit petition.

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In view of the above, recording the aforesaid submission of the learned counsel on either side, follorving the common order dated 18.02.2022 in W.P. No.328 of 2022 and batch, as modified by the order d,ated 22.02.2022 inl.A. No.2 of 2022 in W.p.No.2985 of 2022, in terms thereof, this writ petition is disposed of as under, u,ithout any order as to costs:

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(A) If the subject document/s has/have alrcady been registered and released pursuant to the interim orcler;

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(t) the document/s registered b,r, the Sub Registrar sha_ll be subject to ourcome of SLp (Civitl No. 19695 of 2O2l filed by the State Government before the tlon'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 lorm pa,rt of F.T.L. and Buffer Zone/Plots having less than 3O fcet roacl wiclth access, the Sub Registrar shall make an endorsemcnt informing/cautioning the purchasers that risk is involvecl in purchase of such piots; iuch transactions are hit bv relevant statLltory provisions; that

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)

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regrstration of the same ;s_31bj19t__to ourcome of orders of the Hon'bre supremc court in sl-.p iclvil) N.. i;;;; J jol,. ,o ,nr, ;:i:...:, ilr:#orsement^{shal be,i,"a.'i"" -ir,I. lli.,*u._..}

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(B) If the subject document/s is/are not yet registered and released pursuant to the interim order; (i) the respondent _ Srlg_ftsgi51rar is directed lo rcglster the 9::r.-..1,^{ofsa.le, ran sfer and} grft etc., presenred for i;X tT[oi, it lT oo.i|o' ":-"Y "^{* tr,} ",ii^{i. r"i....''t or h} " M. ,,, o ani 29' I2 2020^issued bv

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tlre responden,-*" *],[X-',T'

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"o-1u,,-ol?o2o "'"'11,,ii [:t il"ift,.xi*-LH;T - or't t'zbtq issued uln!'.J"p.,"i#-l;" .^j:::9, rv, r, - p" t iI - ii,"*'.."#oo'o--'"sroner' M u nici oal co rpora ti o n, llis3'5;iar;,GH"ti_q,Io,"[::::1fl ,.o,:,i".=l,::[i varrous Municipal Commissioners in the Staie;

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(ii) the Sub Registrars in fhe, State sha_ll make an cndorsemenr at reterrcd in ll: ..:'::^{side of rhe firsr pase} "f th.;.;-;;i drr('crron No.(i) that reeistrati^on Jo ao".'i" #;":l'J; ourcomc of sLP {Civit) No.te6es^-or 2o2t nlJ-;;;;"d.j,tor'",.n.., belore the Honble Supreme Court; and,

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(iii) in case, it is found thal the,r3 is any violation of irrw tike plors uun". /^tands / structures being sord l**,p;;;i";.i.r.'),.,,0 (1n1 ./^{eto," having} less than 30 feet road widrh access, rhe Sub xeRrslrar shall make an endorsement i" f..;i;;^/"l,,i,rr t.,g tt" purchasers that risk is involved t" ;;;;;;;';f"Jrli,,J,o,r, "u"r, rcglstratlon 1L11^1._,r.trons of -are the^hit same is^{by rerevant.} =i;;;;;.iIIi1,,,,,., ,n,, I 1y-,^{L,r. i, n[-ft #Ji",,i',;H} ?8"":, I'-:.,i !.;e. or,o rd c rs o r, h e c r r c, r . im endorsement "hrxlJ ;;.iJ ;;' ili"i.ll.r.?rl, o J:,, fi I l::.1 _{^{.."."d page of the docum".,l"} u,i'-n],1, ,,, ,,,. cn( llmbrance record, website etc.

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The misccllaneous petitions pending, if any, shall sta ncl closecl. Thcrc sl-rall be rro order as to costs.

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To, l The Principal Secretary,stamp: ?f,l:g':l-'tion Department' iir1"^{of T"lrnnun",secretariat' Hyderabad}

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1. The Sub-Registrar,^{Autniui'putft'f'na't' RangaReddy District} 3. The^{Commissioner and rl]pllilt O"n"ralof Registration and Stamps'} Telangana^State

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Contd

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