Disposed

Konda Himakar Reddy v. The State of Telangana

Telangana HC16 Mar 2022WP/32531/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition directing a Sub-Registrar to process registration documents for semi-furnished flats despite objections from authorities regarding Buffer Zone violations, subjecting the registration to a pending Supreme Court appeal while mandating cautionary endorsements. The disposal was made in terms of a common court order.

What did the court decide?

Directed registration of documents with cautionary endorsements pending Supreme Court appeal outcome; closed miscellaneous petitions.

Konda Himakar 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}

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(SPecial Original Jurisdiction)

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WEDNESDAY, THE SIXTEENTH^{DAYOF MARCH} TWO THOUSAND^{ANDTWENTY TWO} PRESENT

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THE HONOURABLE SRI JUSTICE^{B.VIJAYSEN REDDY}

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WRIT PETITION 32531^ot2021

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Between:

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Konda Himakar Reddy, S/o.^{K. Sambi Reddy, Aged 36 years, Occ. Business,} Fl/o. H.No. 4-70, I/ellempudi,^{Nutakki, Guntur.}

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...PETITIONER

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AND

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The State of Telangana,^{Rep. by its Principal Secretary, Department of} Stamos and Reqistiation, S6crelariat^{Buildings, Hyderabad.}

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The Commissioier and^{lnspector General, Department of Stamps and} Reoistration. Hvderabad.

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3 Th; District Refiistrar, Medchal^{Malkajgiri District} 4 The Sub Registlar Officer, Quthbullapur,^{RR District.}

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...RES'ONDENTS

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Petition under Article^{226o1 lhe constitution of lndiaprayingthat in the} circumstances stated in the affidavit^{filed therewith, the High court maybe} pleased to issue a writ, order or direction^{more particularlyone in the nature of} ii,4andamus or any other^{appropriate writ, declaringthe action of the 4th} Respondent in not receiving^{and processing the documents presentedin respect} of semi furnished residential^{Flat Nos. 302 (third Floor)and 403( Fourth Floor)} each Flat built up area of^{1075.0 Sq.feet (including common area) and bothflats} consisting car^parking areas^{along with an undivided share of landadmeasuring} 23.50 sq.yards for both flats^{out of total land of 400.0 sq.yards in the building} known as^iVEDA NIVAS" on Plot bearing^{Nos. 113 and 114 in surveyNo. 491/A} situated at Bachupally village and^{lVlandal on thereference of} MemoNo.G2l2 57t2O19 dt.26to\t2o2o^{of 2nd Respondentas illegaland violation} of Articles 14,21 and 300-4 of the^{Constitutionof lndia by directingthe} Respondent No.4 to^process the^{documents presentedby the petitionerin} respect of the above said Flat.

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tA 1 2021

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Petition under Section 151 CPC^{prayingthat in the circumstancesstated} in the affidavit filed in support of the^petition, the^{High Court maybe pleased} pleased to direct the 4th Respondent to receive and^process the documents presented in respect of semi furnished residential Flat Nos. 302⁽ third Floor) and 403( Fourth Floor) each Flat built up area of^{1075.0Sq.feet (includingcommon} area) and both flats consisting car^{parkingareas alongwith an undividedshare} of land admeasuring 23.50 Sq.yards^{for both flats out of total land of 400.0} Sq.yards in the building known as^{VEDA NIVASon Plot bearing Nos. 113 and}

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.1 14 in survey No. 491/A situated at Bachupally village and [\ilandal under Nizampet Municipal corporation^{for registrationandreleasethe same, pending} disposal of writ^{petitionin the interest of justice.}

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Counsel for the Petitioner:^{SRl. RAMANAALLU} Counsel for the Respondents:^{GP FORSTAMPSAND REGISTRATION} The Court made the^{following: ORDER}

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I{ONOURABLE SIU JUSTTCE B. VIJAYSEN REDDY WRIT PBTTTIO N No.3 2531O F 2021

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oRpER (ORAL):

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Heard both sides and perused the rnaterial on record.

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2' It is submitted by the learned counsel on either side that subject matter of this writ petition is squarely covered by the corrunon order passed by this Court in wP'No'329 of 2022 and batch dated 1g.02.2022, as rnodified bv rhe order dated 22.02.2022 in I.A.No.2 of 2022 in W.p.No.29g 5 of 2022 ancl 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 interirn order l11 this writ petition directing the respondents to receive, process, register and rerease 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 finar result of the writ petition.

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[n view of the above, recording the aloresaid submission ol the leamed counsel on either side, following the common onler dated 1g.02.2022 in W.P.No.328 of 2022 and batch, as modified by rhe order daterJ.22.02.2022 in I.A.No.2 of 2022 in W.p.No.29g5 of 2022, in renns thereol, rhis wrir petition is disposed ofas under, without any order as to costs:

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(A) Il the subject document/s has/have arready been registered and released pursuanl to the interim order;

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(i) the documenUs -registered by the Sub_Registrar shall be subject to outcome of SLp (Civit) No.19695 of ZdZr fifeo Of tnu State Government before the Hon,Ole Sr;;r; Court; and

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(ii) in case, it is found that there is any viotation of law like plots/lands/structures being sold form f".t oi n.f f-. and Buffer Zonelplots having less tha;30 feet.oiJ,riain access, the Sub Registrar shall make an endorsement informing/cautio"ing lhu purchasers that risk.is involved in purchase of sucfr plofs, "suctr transactions are hit by relevani statutory provisions; that registration of the same is subject to outcome of orders of the

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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) lf the subject docurnent/s is/are not yet registered and released pursuant to the interirn order:

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(i) the respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the [/emo Nos.G2l257l2O19 dated 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NI,4Cl201 I dated 01 .1 1 .201 9 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Il4unicipal 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 covernment 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 form part of F.T.L. and Buffer ZonelPlots 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 transactions are hit by relevant statutory provtsions; that registration of the same is sub.iect to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021. Tothat effect, an endorsement shall be made on the reverse side of the firsVsecond page of the document and also in the encumbrance record, website etc.

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As a sequcl thereto, miscellaneous petitions, if any, pending in this writ

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petition stand closed.

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s D/- N^{c H} tH']+lil i'#tis,[lR //rRuE coPY/t tt& secrt6\t{drrrcen

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To, 1 The Principal^{Secretary, Department of Stamps and Registration' Secretariat} Buildings,^{State of Telangana Hyderabad'}

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2 TheCommissionerandinspectorGeneral,DepartmentofStampsand Registration,^HYderabad'

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-. tl 1o/al7 -

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The District Registrar, Medchal- Malkajgiri District.

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The Sub Registrar Officer, Quthbullapur, RR District.

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One CC to SRl. RAMANA ALLU Advocate [OPUC]

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Two CCs to GP FOR STAMPS AND REGISTRAT|ON, High Court for the State of Telangana at Hyderabad. [OUT]

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Two CD Copies

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One Spare Copy

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SDR. 4- GJP

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HIGH COURT DATED: 1610312022

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ORDER

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WP.No.32531 of 2021

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\i.: S l-4, .i €
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Konda Himakar Reddy v. The State of Telangana

Case brief

What is this about?

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Konda Himakar Reddy v. The State of Telangana

Case brief

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