Disposed

Matam Mallesh v. The State of Telangana, And 3 Others

Telangana HC14 Mar 2022WP/32769/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking registration of sale deeds without reference to specific government memos. The Court directed the Sub-Registrar to register the documents but mandated an endorsement cautioning purchasers that the registration is subject to the outcome of related Supreme Court litigation and potentially violated statutory provisions.

What did the court decide?

Directed the Sub-Registrar to register the sale deed without reference to the government memo but with an endorsement that registration is subject to the Supreme Court appeal's outcome.

Matam Mallesh Vs The State of Telangana, And 3 Others — 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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MONDAY ,THE FOURTEENTH 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 : 32769^{OF 2021}

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Between:

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tvlatam Mallesh, S/o. Late^{Ir,/. Rajappa, Agedabout 64 years, Occ.Business.} Fl/o. Flat No.302, S.V.Residency,^{Plot Nos.265 and 266, Prag-q1hiNagar,} ooo.JNTUC. Kukatpallv, Hvderabad-500090,^{Rep.by his DAGPA holder} i.'SuOr,atar'a Reddy, Sio. Sii^{T. Sitarami Reddy, Aged about 48 years, Occ.} Business, F/o. Ploi No.29lMlG,^{K.S.Towers,F-301. DharmareddyColony,} Phase-H, Hydernagar, Hyderabad.

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...'ET,T.ONER

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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 Coirmissiorier, and^{lnspect6r General of Registration and Stamps,} Hyderabad, Telangana.

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The Sub-Reoistrar. Quthbullapur, Medchal-Malkaigiri^District.

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+. f ne Nizamp;t Municipality,^{Ri:p.byits Commissioner, Nizampet,Medchal} Malkajgiri District.

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...RESPoNDENTs

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Petition under Article 226 of^{lhe constitution of lndia praying that in the} circumstances stated in the^{affidavit filedtherewith,the High Courtmay be} pleased to issue any writ order or direction^{more particularlyone in the nature of} writ of Mandamus declaring^{the inaction of the respondent No.3 in receiving.} registering and releasing of the^{saledeed presented by the petitioner in respectof} the Flat No.303 with built^{up area of 1075 sq.ft., along with an undivided share of} land admeasuring 28 Sq.yards.^{Flat No.301 and Flat No.401with built up area of} 1150 sq.ft. and car^{parking area of 80 sq.ft.,along with an undividedshare of} land admeasuring 32 sq.yards^{each of sAl GANESH NILAYAM-, constructedon} Ptot Nos.851Part. B6/Part and^{87/Part in Block No.140in Sy.Nos.155(part),162,} '1 63, 1 64 and 165 (part) of Silpa Paradise, situated at Bachupally Village, Nizampet IVlunicipal corporation^{(previously Pragathi Nagar Grampanchayat),} Bachupally Mandal, Medchal-Malkajgiri^{District on the basis ofMemo} No.G2l257 t2019 issued by the^{respondent No.2 and letter bearing}

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No.45/TP/NMC12019 dt.01l1'll2019 issued by the respondent No.4 as itlegat, arbitrary and un co nstitutio na I and consequently direct the respondent No.3 to receive, register and release the sale deed presented by the petitioners in respect of the Flat No.303 with built up area of 1075 Sq.ft., along with an undivided share of land admeasuring 28 Sq.yards, Flat No.301 and Flat No.401 with built up area of 1'1 50 Sq.ft. and car parking area of B0 Sq.ft., along with an undivided share of land admeasuring 32 sq.yards each of -SAl GANESH NILAYAM, constructed on Plot Nos.B5/Part,86/Part and B7lPart in Block No.140 in Sy.Nos.155(paft), 162, 1 63,^'164 and 1 65 (part) of Silpa Paradise, situated at Bachupally Village, Nizampet Municipal Corporation (previously Pragathi Nagar Grampanchayat), Bachupally Mandal, Medchal-Malkajgiri District without the reference of the Memo No.G2l257l201g issued by the respondent No.2 and Letter bearing No.4S/TP/NMC/2019 dt.01.1 1 .2019 issued by the respondent No.4. lA NO: 1 OF 2021

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Petition under Section^'1 51 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 petilioners in respect of the Flat No.303 with built up area of 1075 Sq.ft., along with an undivided share of land admeasuring 28 Sq.yards. Flat No.30'1 and Flat No.401 with built up area of 1 150 Sq.ft. and car parking area of 80 Sq.ft., along with an undivided share of land admeasuring 32 sq.yards each of SAI GANESH NILAYAM-, constructed on Plot Nos.B5/Part. B6/Part and B7lPart in Block No.140 in Sy.Nos.155(part), 162, 163, 164 and 165 (part) of Silpa Paradise, situated at Bachupally Village, Nizampet Munlcipal Corporation (previously Pragathi Nagar Grampanchayat), Bachupally Mandal, Medchal-Malkajgiri District without the reference of the Memo No.G2l257l2O19 issued by the respondent No.2 and letter bearing No. 45/TP/NMCl2019 dt.0111112019 issued by the respondent No.4 pending disposal of the writ petition.

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Counsel for the Petitioner: SRI RAJAGOPALLAVAN TAYI Counsel forthe Respondent Nos.1 to 3: GP FOR REVENUE Counsel forthe Respondent No.4: SRI N. PRAVEEN KUMAR,

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SC FOR MUNICIPALIry

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The Court made the following: ORDER

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II I

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PITITION No.32769 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 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 rnodified by the order dated22.02.2022 in I.A.No.2 o12022 in W.P.No.2985 oF 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in tenns 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 docurnenVs. However, conditions were irnposed 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 hasihave 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.1 9695 of 2021 filed by the State Government 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 form part of F.T.L. and Buffer ZonelPlots having less than 30 leet road width access, the Sub

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l I

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Registrar shall make an endorsement informing/cautioning the purchasers that risk is involved in purchase of suclr 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 effeit, an endorsement shall be made in the encumbrance record, website etc.

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(B) If the sub.ject 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 thc document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2l257i2019 d,ated 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTp,0JMC/2019 dated 01.1 1.2019 issuid by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, euthbullapui, Ranga Reddy 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. I 9695 of 202 I filed by the State Government before the Hon,ble Supreme Court; and

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(iii) in case, it is found that there is any violation oflaw like plots / lands / structures being sold form part 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 endorsernent shall be 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 any, pending in this

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writ petition stand closed.

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SD/.L.SHIVA PARVATHI ASSISTANT REGISTRA ,TRUE COPY'

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SECTIO FFICER

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To, 1. The Principal Secretary, Revenue^(Stamps and Registration),State of Telangana, Secretariat, Hyderabad.

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1. The Cbmmissioner, and lnspector General of Registration and Stamps , Hydeiabad, Telangana. The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District.

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/? rtvlY

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The Commissioner, Nizampct tvlunicipality, Nizampet, N/edchal lvlalkajgiri District.

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One CC to Sri Rajagopallavan Tayi, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

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One CC to Sri N. Praveen Kumar, SC for [Vlunicipality [OPUC] 8. Two CD Copies 9. One Spare Copy.

SI]1

MMA

HIGH COURT

DATED:1410312022

ORDER

1 e S IA fC o^
e
11 JUN ?W
t
* n AT c

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WP.No.32769 of 2021

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DISPOSING OF THE, WP WITHOUT COSTS

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Matam Mallesh v. The State of Telangana, And 3 Others

Case brief

What is this about?

What did the court decide?

Matam Mallesh v. The State of Telangana, And 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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