Dismissed

Billa Shanker v. The State of Telangana

Telangana HC23 Mar 2022WP/32246/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking direction to register documents for unapproved plots. The Court aligned the decision with a common order in a related batch, directing registration subject to the outcome of a pending Supreme Court appeal (SLP 19695 of 2021) regarding violations of statutory provisions.

What did the court decide?

Petition disposed of in terms of common order in W.P. No. 328 of 2022; Sub-Registrar directed to register documents with a cautionary endorsement regarding pending Supreme Court appeal.

Billa Shanker Vs The State of Telangana — Land Acquisition | Telangana HC (2022)

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

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WEDNESDAY HE TWENTY THIRD DAY OF IVARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 32246 OF 2021

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Between:

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Billa Shanker, S/o. Lachanna, Aged about 41 years, Occ- Business, Ri/o.H.No. 30-74, Sriram Nagar, Khanapur (V and M), Dist- Nirmal, Telangana.

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Dharamsoth Vasanth, S/o. Dharamsoth Lalu Naik, Aged about 30 years, OccBusiness, Rl/o. H. No. 5-1 , Kommu Thanda, Khanapur (V and lV), Dist- Nirmal, Telangana.

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...PETITIONERS

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AND

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The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, Telangana.

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The lnspector General Stamps and Registration, Moazzam^jahi Market, Hyderabad , Telangana.

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The Sub Registrar, Khanapur Niramal District, (Previously Adilabad district), Telangana.

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...RESPONDENTS

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Petition under Article 226 oI the Constitution of India 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 Respondent No.3 in not receiving, registering and releasing the Documents in favour of the prospective purchasers produced by the petitioner based on the Memo issued by the Respondent No.2 vide No.G2l25712019 dl. 2610812020 and Amended Memo No.G2l25712019 dt. 2911212020 for the unapproved plots in respect of Land in Sy.No. 3241 A3l1 (324laal1) admeasuring Ac.'l .13 guntas, Sy.No. 324lA'l12 (324laal2 admeasuring Ac.0.'19 guntas, Sy.No. 32414212 (324laa 212) admeasuring Ac.0.17 guntas, Sy.No. 324l A3l2 (3241 aa 312) admeasuring Ac.O.'16 guntas, Sy.No. 3241 A2l1 (3241 aa 2/1 ) admeasuring Ac.1.12 guntas, Sy.No. 325/ B admeasuring (325laaa) Ac.0.30 guntas and in Sy.No.325/ Al1 (325laa /1 ) admeasuring Ac.0.30 gts, Sy.No. 324l A111 (324laal1 ) admeasuring Ac..1 .10 guntas, total admeasuring Ac.6-27 guntas situated at Maskapur Village of Khanapur Mandal inspite of this

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Honble Courts Order dl. 2310812021 passed in W.P.No. 9248 ol 2021 as illegal, arbitrary and in violation of Articles 14,21 and 300-A of the Constitution of lndia and also against the principles of Natural^justice and consequently direct the Respondent No.3 to receive, register and release the Documents in favour of the prospective purchasers produced by the petitioner for the unapproved plots in Sy.No, 324l A3l1 (324laa 3/1 ) admeasuring Ac.1.'13^guntas, Sy.No. 324l 4112 (324laa 1/2 admeasuring Ac.0.19 guntas, Sy.No. 324l A2l2 (324laa 212) admeasuring Ac.0.17 guntas, Sy.No. 324l A3l2 (324laa 3/2) admeasuring Ac.0.16 guntas, Sy.No.324l A2l1 (324laa 2/1 ) admeasuring Ac.1.12 guntas, Sy.No.325/ B admeasuring (3251(aa) Ac.0.30 guntas and in Sy.No.325/ Al1 (3251 aall) admeasuring Ac.0.30 gts, Sy.No. 3241 A111 (324laal1) admeasuring Ac.1.'10 guntas, total admeasuring Ac.6-27 gts. situated at lvlaskapur village of Khanapur Mandal in the interest of^justice.

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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 to receive, register and release the Documents in favour of the^{prospective purchasers produced} by the^petitioner for the unapproved^plots in Sy.No, 324l A3l1 (324laa 3/1 ) admeasuring Ac.1.13^guntas, Sy.No. 324l A1l2^(324laa 1/2 admeasuring Ac.0.19^guntas, Sy.No.324l A2l2 (324laa 212) admeasuring Ac.0.17 guntas, Sy.No. 324l A3l2 (324laa 312) admeasuring Ac.0.16^guntas, Sy.No.324l A2l1 (324laa 2/1 ) admeasuring Ac.1.'12 guntas, Sy.No. 325/ B admeasuring (3251(aa) Ac.0.30 guntas and in Sy.No.325/ Al1 (3251 aall) admeasuring Ac.0.30 gts, Sy.No.324l A1l1 (324laal1) admeasuring Ac.1^'1 0 guntas, total admeasuring Ac.6-27 gts. situated at Maskapur village of Khanapur Mandal in the interest of^justice.

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Counsel for the Petitioners:SRl. LAKKADI DAYAKER REDDY

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Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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t t

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HONOURABLE SRI JUSTICE I}. VIJAYSEN REI)DY

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WRIT PETITION No.32246 OF 2021

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ORDEII:

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Heard both sides and perused the material on record.

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It is subrnitted by the learned counsel on eitl-rer side that subject rnatter of this writ petition is squarely covered by the cornmon order passed by this Court in W.P.No.328 of 2022 and batch dated 18.02.2022, as rnodified 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 matter pending will not serve any purpose, as such, the same rnay 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 documenVs. 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 leamed 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 l.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 interim order;

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(i) the document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.l9695 of 2021 filed by the State Govemment before the I{on'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, thc Sub

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Registrar shall rnake an endorsement informing/cautioning the purchasers that risk is involvcd in purchasc of such plots; suclr transactions are hit by relevant statutory provisions; that rcgistration olthe same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an endorsement shall be made in the encumbrance record, website etc.

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(B) If the subject docurnent/s is/are not yet registered and released pursuant to the interirn order;

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(D the respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., prcsented for registration by the petitioner/s without reference to the Memo Nos.G2l25712019 dated 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Rcgistration and Stamps, Telangana; Letter No.45iTPAiMC/2019 dated 01.1 1.2019 issued by the respondenlthe Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Ranga Rcddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State;

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(ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon'ble Suprcme 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 parl of F.T.L. and Buffer Zone / Plots 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 ofsuch plots; such transactions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon'ble 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 eucumbrance record, website etc.

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

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writ petition stand closed.

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SD/.K,AMMAJI ASSISTANT REGISTRAR &

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary, Revenue Department, Secretariat, State of Telangana,Hyderabad, Telangana.

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The lnspector General Stamps and Registration, l\Aoazzam jahi Market, Hyderabad , Telangana.

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I I

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The Sub Registrar, Khanapur Niramal District, (Previously Adilabad district), Telangana.

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One CC to SRl. LAKKADI DAYAKER REDDY Advocate IOPUC]

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Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana. [OUT]

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Two CD Copies

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One Spare Copy

GSA MMA

\ \

u IT

HIGH COURT

DATED:2310312022

'i i;, ; t;'i;
[1 SEP

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ORDER

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WP.No.32246 of 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COST

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(o lg--I
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Billa Shanker v. The State of Telangana

Case brief

What is this about?

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Billa Shanker v. The State of Telangana

Case brief

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