Disposed

Dega Venkatesh v. The State of Telangana

Telangana HC24 Mar 2022WP/32248/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the Sub-Registrar's refusal to register sale deeds of two house plots. The Court directed the Sub-Registrar to register the documents but imposed a cautionary endorsement regarding potential violations of Fundamental Trust Land (F.T.L.) and Buffer Zone norms.

What did the court decide?

Directed the Sub-Registrar to register the sale documents without reference to the Memo, subject to a mandatory cautionary endorsement regarding pending Supreme Court appeal and potential statutory vi

Dega Venkatesh Vs The State of Telangana — Property and Title | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY ,THE TWENTY FOURTH DAY OF MARCH 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: 32248 OF 2021

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Between:

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Dega Venkatesh, S/o.Gouraiah, Aged about^{45 Years, Occ. Business, R/o. H.} No. 3-100/'1, Vempalli Village, Hazipur Mandal,^IVlancherial District.

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.,.PETITIONER

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AND

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'1 . The State of Telangana, Rep by its Principal Secretary Stamps and Registration Department, Secretariat Buildings, BRKR^{Bhavan,Tankbund,} Hyderabad.

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The Commissioner and lnspector General of Registration^{and Stamps,It4.J} I\4arket, Hyderabad, Telangana State

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The Sub-Registrar Manchertal, Mancherial^{Mandal and District}

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,..RESPONDENTS

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Petition under Article 226 of lhe Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Courtmay be} pleased to issue an appropriate Writ, order or direction more^particularly one in the nature Writ of lt/andamus, declaring the action of the^{3rd respondentin not} receiving, registering and releasing the sale deeds^{presented by the Petitionerin} respect of two House Plots admeasuring to total extent^{of 501 Square Yards, in} Sy.No. 577, situated at Vempalli Village,^{Hazipur Mandal, Mancherial District,on} the Ground of Memo bearing No.G2l257l2O19^{dated 2610812020and 2911212020} issued by the 2nd respondent as illegal, arbitrary,^{without jurisdiction, contraryto} the provisions of Registration Act¹ 908,^{and Violationof Article1 4 of constitution} of lndia, and consequently direct^{the 3rd Respondentto receive, registerand} release the sale deeds^presented by the^{Petitionerwithoutreferenceto Memo} bearing No.G2l257t2O19^{(hued2610812020and 2911212020issuedby the 2nd} respondent.

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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 deeds presented by the Petitioner in respect of two House Plots admeasuring to total extent of 501 Square Yards, in Sy.No. 577, situated at Vempalli Village, Hazipur Mandal, Mancherial District, without reference to Memo bearing No.G2|ZS7l2o1g dated 26/08/2020 and 29/1212020 issued by the 2nd respondent, pending disposal of the main Writ Petition.

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Counsel for the Petitioner:SRl. THOOM SRINIVAS

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Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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|' I i

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HONOURABLE SRI JUSTICE B, VIJAYSEN REDDY

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WRIT PETITION No.32248 OF 2021

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oRpER(ORAL):

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Heard both sides and perused the rnaterial on record.

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It is submitted by the leamed counsel on either side that subject rnatter 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 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 sarne 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 documenVs. However, conditions were imposed that (a) the^petitioner/s is/are not perrritted 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 common order dated 18.02.2022 in W.P. No.328 of 2022 and batch, as rnodified 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 documenVs 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.I9695 of 2021 filed by the State Govemment belore 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

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<br>

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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 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 documenVs 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 ftrr registration by the petitioner/s without reference to the Memo Nos.G2l257i2019 dated 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01 .1 I .201 9 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Ranga Reddy District, and sirnilar letters, if any, issucd 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 refemed in direction No.(i) that registration so done is subject to outcorne of SLP (Civil) No. 19695 of 2021 liled by the State Govemment before the Hon'ble 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 fonn part of F.T.L. and Buffer Zone / Plots having less than 30 f'eet 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 provisio(rs; that registration of the sarne is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.i9695 of202l. To that effect, an cndorsement shall bc 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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As a sequel thereto, miscellaneous petitions, if an.v, pending in this

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writ petition stand closed.

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SDIK.AMMAJI ASSISTANT REGISTRAR

//TRUE COPY//

(

SECTION OFFICER

To,

The Principal Secretary,^{Stamps and Registration Deparlment,.Stateof} Telangand, Secretariai Buildings,^{BRKR Bhavan, Tank bund,Hyderabad.}

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The Commissioner and^{lnspector General of Registration and Stamps,l/.J.} Market, Hyderabad, Telangana^State.

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The Sub-Registrar^{Mancherial, lvlancherial Mandal and District}

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One CC^{to SRl. THOOM SRINIVAS Advocate [OPUCI}

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Two CCsto^{GP FOR REVENUE'H|ghCourtfortheStateofTelangana'} tourl

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Two^{CD CoPies.}

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One^{SPare CoPY'}

UTJ

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HIGH COURT

DATED:2410312022

ORDER

WP.No.3224B of 2021

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DISPOSING OF THE WP WTHOUT COSTS.

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Dega Venkatesh v. The State of Telangana

Case brief

What is this about?

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Dega Venkatesh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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