Disposed

Sri. Ch. Sudarshan Reddy v. The State of Telangana

Telangana HC15 Mar 2022WP/32318/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the non-registration of sale deeds. The Court disposed of the petition under a common order in W.P. No. 328 of 2022, directing the Sub-Registrar to register documents without reference to specific restrictive memos, subject to pending Supreme Court litigation.

What did the court decide?

Directed the Sub-Registrar to register the sale, transfer, and gift deeds without reference to specific memos, subject to pending Supreme Court orders, with mandatory caution endorsements.

Sri. Ch. Sudarshan Reddy Vs The State of Telangana — Property and Title | Telangana HC (2022)

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

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TUESDAY, THE FIFTEENTH 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: 32318 OF 2021

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Between:

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Sri. Ch. Sudarshan Reddy, S/o Ch Bal Reddy, aged about 35 years, Occupation. Private Employee, Rt/o. H. No. 1-721641, Vokshith Enclave, Gujularamaram, Hyderabad 500 055, T.S.

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...PETITIONER

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AND

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The State of Telangana, Represented by The^principal Secretary, Department of Revenue, (Stamp and Registration), Telangana State, Secretariat, Hyderabad T.S.

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The Commissioner and lnspector General of Registration and Stamp, Mozamjahi lvlarket Road, Hyderabad 500001, T.S.

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The Sub-Registrar, Office, Keesara, Secunderabad, T.S. SO1301, T.S.

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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 particularly in the nature of the writ of mandamus, declaring the action of the Respondent No 3, in not entertaining registration of the Petitioners Sale Deed Transactions, on the basis of Memo No G12125712019, dated 26-08-2020, issued by the Respondent No 2, as illegal, arbitrary and in violation of orders in w.P. No. 9248 of 2021 daled 23-08-2021 , and to consequently direct the Respondent No 3 to receive, register and release the Sale Deeds pertaining to Plot bearing Nos. 157 to 166, 178 to i89 (150 Sq. Yards each), layout in Survey No. 325,328,329,330 and 334/parts Situated at Sri Balaji Enclave, Cheeryala Village and Gramapanchayat, Keesara Mandal, tr/edchal-Malkajig iri District, notwithstanding the memo issued by the Respondent No 2.

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lA NO: 1 OF 2021

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Petition under section^{151 CPC praying that in the r;ircumstances stated} in the affidavit filed i1 support^{of the petition, the Highcourt maybe pleased To} direct the Responde^{nt No 3 to receive, registerand releasesale deeds of the} petitioner in respect to register and release the Sale^{Deeds pertaining to sale} Deeds^pertaining to Plot bearing^{Nos.157 to '166,178 to'1 89 (150 Sq Yards} each), layout in Sur',ey^{No. 325, 328,329,330and 334 / Parts Situatedat Sri} Balaji Enclave, Ch,'eryala^{Villageand Gramapanchayat'Keesara Mandal,} Medchal-lvalkajigiri^{)istrict without reference to MemoNo G12125712019,dated} 26-08-2020, issued by the^{Respondent No 2 pendingclisposalof this Writ} Petition.

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Counsel for the Peti :ioner^{: SRl. SAROSH SAM BASTAWAT-A}

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Counsel for the Res condent^{No. 1 to 3 : GP FOR STAMPS ,\ND REGISTRATION} The Couft made the following^{: ORDER}

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I{ONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.32318 OF 2021

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ORDEIT:

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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 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 serue any purpose, as such, the same may be disposed of in tenns thereof.

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This Court passed interirn order in this writ petition directing the respondents to receive, process, register and release the subject docurnenVs. However, conditions were ir:rposed that (a) the petitioner/s is/are not pennittecl 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 subrnission 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 modified by the order dated 22.02.2022 in l.A. No.2 of 2022 itr 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 docurnenVs has/have already been registered and released pursuant to the interirn order;

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(i) the document/s registered by the Sub-Registrar shall be subject to outcon:e of SLP (Civil) No.19695 of 2021 filed by the State Govemment before the Hon'ble Suprerne 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 tbnl part of F.T.L. and Buffer ZonelPlots having less than 30 feet toad width access, the Sub

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R:gistrar shall make an endorsement^{informing/cautionir.rgtl.re} p rrchasers that risk is involved in^purchase of such^{plots; such} tr rnsactions are hit by^{relevant statutoryprovisions;that registration} o'the same is subject to^outcome of^{orders of .he Hon'bleSuprct.ne} C curt in SLP^(Civil) No.19695 of^202I .^{To that eff'ect, an} e:rdorsement shall be made in^{the encumbrance record. websitcctc.}

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(B) If the rubject documenVs is/are not yet registered and released

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pursuant to the interim orcler;

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( ) the respondent - Sub-Registrar is dirccted io rcgistcr^the d rcurnent of sale, trattsfer and gifi etc..^{prcsente(l tbr rcgrstration by} tl e petitioner/s without reibrence to thc^{Merno Nos.G2125712019} drted 26.08.2020 and 29.12.2020^{issued b)' thelesporrclent-the} C ommissioncr and Irrspector General^{of Regtstratitrn andStatnps'} 'l elangana; Letter No.45ITP/NMC/2019 dated 01.11.2019 issued b y the respondent-the Cornmissioner,^{Mr'uricipalCoq.roration,} I. izampet to the respondent-the^{SubRegistrar.} Quthbullapur,^Ranga F eddy District, and similar letters, if any,^{i:;sued by tlie verious} Ir [unicipal Commissioners in^{the State;}

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( i) the Sub Registrars in the State shall make^im endorsement^{at the} r:verse side of the first^page of the documenl^{refen'edirr direction} I o.(i) that registration so done is subject^{to oLtcomeof SLP (Civil)} I o.19695 of 2021 filed by the State Govemmenl^{befbre the Hon'ble} S upreme Court; and

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( ii) in case, it is found that there is any violatron of law like^plots/ I.Lnds / structures being sold form part of F.T,L.^{and BuffelZone/} I lots having less than 30 feet road width^{acct:ss. the Sub Registrar} s rall make an endorsement infbrming /^{cautloniugthe purchascrs} t rat risk is involved in^purchase of such^{plots;such transactiottsate} I it by relevant statutory provisions; that registration^{of the saute is} s rbject to outcomc of orders of the Hon'ble^{Supret.neCourtin SLP} ( livil) No. l9(r9 5 of 2021 . To that elfect, an endorscnrcnt shall^be r rade on thc rcversc side of the Iirst / second :age ol^{thc docutrertt} : nd also in thc encurnbrance record,^websitec{c.