Disposed

B. Veeraswamy v. The State of Telangana

Telangana HC23 Mar 2022WP/32501/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition and interim application regarding registration of a semi-finished flat in Hyderabad. The Court directed the Sub-Registrar to register sale documents without referring to certain memoranda, subject to a Supreme Court appeal, and mandated endorsements cautioning purchasers about potential statutory violations pending final outcomes.

What did the court decide?

Directs Sub-Registrar to register sale documents without reference to illegal memoranda and to endorse records with caution regarding statutory violations pending Supreme Court outcome.

B. Veeraswamy Vs The State of Telangana — Specific Performance | Telangana HC (2022)

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HIGH COURT^{FORTHE STATEOF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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WEDNESDAY ,THE^{TWENTY THIRDDAYOF MARCH} TWO THOUSAND^{AND TWENTY TWO}

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PRESENT

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THE HONOURABLE^{SRIJUSTICEB.VIJAYSEN REDOY}

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WRIT PETI^{TIONNO:3250 1 0F 2021}

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Between:

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1 B. Veeraswamy,^{S/o. B. Pirummalu, Aged about 49 years' Occ Business'.Rl/o'} -H;.i;.r-2rA'iiioon'rror, sv.p.t'tiiavi, Addaguttd, Kukatpallv, Hvderabad500072.

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2 Smt B. Nagamani,^{W/o. B. Veeraswamy, Aged} .about^{45 years'Occ} il6Ij."*iti,-"-^{nyo.H.r.ro.z-22311t2o0N1d1,-S.V.P.Nilayam,Addagutta,} Kukatpally, HYderabad-500072'

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J Annam Sanjeevaiah,^{S/o.Late Annam Agaiah,Aged about S7-y.ears''Occ} iilil;;r, Fii;.^{ews-oia, noio r'ro.z.NeaiHanumanremple' KPHB colonv'} Kukatpally, HYderabad.

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4 B. Madhava Rao,^{S/o. B. VenkataNarasimham,} f9ed^{about-36 years' Occ} il;i;;;;: Rv;.Frbir.ro.r+s/A'^{Fiat No.602' BMR Relidencv' Addasutta'opp} JNTU, Kukatpally,^{Hydearbad-500 085'}

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...PETlrloNER(S)

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AND

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The State^{of Telangana, Rep.by its Principal Secretary' Revenue (Stamps} and Registration),^{Secretariat,Hyderabad'}

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The Commissioner^{and lnspector General of Registration and Stamps'} Hyderabad, Telangana

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The Sub Registrar,^{Kukatpally, Medchal-Malkajgiri District}

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...RESPONDENTS

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Petition under Article^{226 of the constitutionof lndia prayingthat in the} circumstances^{statedin the affidavit filedtherewith' the High Courtmay be} preaseatoissueanywritorderordirectionmorepa(icularlyoneinthenatureof Writ of Mandamus^{declaringthe inaction of the respondent No.3 in not receiving'} i"g,rGring and releasing^{of"thesale deed presented by the petitionerin respect.of} tn6 Semi-Finished^{Ftat No.503 in fifth floor of SRI MANIKANTA RESIDENCY, with} abuillupareaof1200Sq.ft.,(includingcommonarea)andCarparkingareaB0 with an undivided'share^{oi land admeasuring23'5Sq yards (outof} Sq ft. "6"9 +ob sq.yaris; being^{constructed on house bearing No.2-22-311l15A (old number)} pr,]i' r.ro.iaon in sy.No,1B3^{situated at Addagutta co-operativeHousing} "" s""[tv limiteo,^{Kut<atpaltyViilage andtvlandat,under GHMC Kukatpallycircle,} rtflJ"hlf -f,/rf f.r;giti^{Distrilt.Telangana State' on the basis ofMemo}

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No.G2125712019 dated 26.08.2020 issued by the respondent No.2 as illegal, arbitrary and unconstitutional and consequently direct the respondent No.3 to receive, register and release the sale deed presented by the petitioners in respect of the Semi-Finished Flat No.503 in fifth floor of SRI MANIKANTA RESIDENCY, with a built-up area of 1200 Sq.ft., (including common area) and Car parking area B0 Sq.ft. along with an undivided share of land admeasuring 23.5 Sq.yards (out of 400 Sq.yards) being constructed on house bearing No.2-22- 311/15A (old number) on plot No.186,4 in Sy.No.'183 situated at Addagutta Co-Operative Housing Society Limited, Kukatpally Village and Mandal, under GHMC Kukatpally Circle, Medchal-Malkajgiri District, Telangana State, without the reference of the Memo No.G2125712019 dated 2610812020 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 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 sale deed presented by the petitioners in respect of the Semi-Finished Flat No.503 in fifth floor of^"SRl MANIKANTA RESIDENCY", with a built-up area of 1200 Sq.ft., (including common area) and Car parking area 80 Sq.ft. along with an undivided share of land admeasuring 23.5 Sq.yards (out of 400 Sq.yards) being constructed on house bearing No.2-22-311115A (old number) on plot No.'1864 in Sy.No.183 situated at Addagutta Co-Operative Housing Society Limited. Kukatpally Village and Mandal. under GHMC Kukatpally Circle, Medchal-Malkajigiri District. Telangana State, without ihe reference of the Memo No.G2l257l2O19 dated 26.08.2020 issued by the respcndent No pending disposal of the writ petition and be pleased.

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Counsel for the Petitioner(s):SRl. RAJAGOPALLAVAN TAYI

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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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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.3250I OF 2021

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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 leamed counsel on either side that 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 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 suctq 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 aloresaid submission of the learned counsel on either side, followihg 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 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 subjcct to outcome of SLP (Civil) No.19695 o1'1021 flled by the Statc Govemment before the Hon'ble Supreme Court; and

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(ii) in case, it is found that thcre is any violation of law like plots/lands/structures bcing sold lirnn part ol F.T.L. and Buffer ZonelPlots having less than i0 t'cct road width^access, thc^Sub

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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 Suprcme 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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(R) Il the subject document/s is/are not yet registered and released pursuanl to the interim order;

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(i) the respondent - Sub-Registrar is directed to rcgister the document ofsale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2l2 5712019 dated 26.08.2020 ar:rd, 29.12.2020 issued by the respondcnt-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/201 9 dated 0l.l1.2019 issued by the respondepl-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the vanous Municipal Commissioners in the State;

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(ii) the Sub Registrars in the State shall make an endorsement ar thc revcrse side of the first page of the document referred in direction No.(i) that registration so done is subject to outdome of SLP (Civil) No.19695 of 2021 filed by the State Govemment before rhe l{on'ble Suprerne Court; and

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(iii) in case, it is found that there is any violation of law likc plots / lands / structures being sold form part of F.T.L. and tsufGr 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 of such plots; such lransactions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon'ble Suprcme Court in SLp (Civil) No.19695 of 2021. To that effect, an endorsorncnt shall be rnadc on thc reverse side of the first / second page of thc d()cuntent and also in the encumbrance record, website etc.

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As a sequel thereto, miscellaneous petitions, if any, pending in this rvrit petition stand closed.

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SD/.K.ONESIM ASSISTANT GIST R //TRUE COPY// SECTION OFFICER

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To,

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