Disposed

P.V. Mohan v. The State of Telangana

Telangana HC15 Mar 2022WP/32841/2021

Case brief

AI extract

What is this about?

The High Court directed the Sub-Registrar to register certain sale deeds without regarding specific restrictive government and municipal letters. The court mandated caution endorsements in the records regarding potential legal infringements pending the outcome of a related Supreme Court matter.

What did the court decide?

Directed the Sub-Registrar to register sale deeds without reference to specific government memos and letters, and to make caution endorsements in registers and encumbrance records reflecting the pendi

P.V. Mohan 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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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: 32841 OF²⁰²¹

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Between:

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P.V. Mohan, S/o. P.M. Rao, aged^{about 52 years,Occ. Private Service,Rl/o.H. No.} H-46, Madhuranagar, Hyderabad^- 500018.

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Rep. by his GPA-Hold6r, M/s. Sree^{Hanuma Constructions, Rep. by its Managing} Paitnei, V. Sanjeeva Reddy, S/o.^{Late. V. Balarami Reddy, aged about 57 years,} Occ. Business, iVo. H. No. i 1-38,^{Beverly Palms, Nizampet, Hyderabad, Telangana} State.

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...PETITIONER

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AND

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1 The State of Telangana, represented^{by its Principal Secretary, Stamps and} Registration Department, Secretariat,^Hyderabad.

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2 The Sub-Registrar, Quthbullapur^{lrrlandal,Ranga Reddy District'}

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The Commissioner and^{lnspector, General of Registrationand Stamps,} Telangana State.

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The Nizampet Municipal Corporation,^{rep. by its Commissioner,Medchal} Malkajgiri District.

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.,.RESPONDENTS

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Petition Under Article 226 ol the^{Constitution of lndiaprayingthat in the} circumstances stated in the^{affidavit filedtherewith, the High Courtmay be} pleased to issue a writ or order or direction more^{particularlyone in the nature of} Writ of Mandamus declaring the^{action of the 2nd respondentin refusingto} receive, register and release the sale^{deeds presented by the petitioner in} respect ofllat nos. 3Ol, 302, 303,^{403 and 404 in 3rd and 4th floors of} PAGADALA PRIDE, BLOCK - B,^{in SurveyNo. 60' situated at Bachupally} Village, Bachupally Mandal, Medchal-Malkajgiri^{District, TelanganaState on the} grorids of (i) Menio bearing no.G2t257l2O19^{dated 26.08.2020 issuedby the 3rd} iespondent'and⁽ⁱⁱ⁾ letter^{bearing no.45/TP/NMC/2019dated 01.1'1.2019 issued} Uy ine +ttr respondent as^{illegal, arbitrary andcontraryto the provisions of} -the Rlgistration A6t, 19OB and^{aiso contrary to the orders passed by this Hon'ble} Coirt in W.p.No.9248 oI 2021^{and consequently direct the 2nd respondentto} receive, register and release^{the sale deeds presentedby the petitioner in} respect of Jlat nos.^{301, 302, 303, 403 and 404 in 3rd and 4th floorsof} PAbADALA PRIDE,^{BLOCK - B, .in survey No. 60, situated at Bachupally}

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Village, Bachupally Mandal, Medchal-Malkajgiri^{District,Telangana State without} reference to (i) Ivlemo bearing no.G2125712019^{dated 26.08.2020issued by the} 3rd respondent and⁽ⁱⁱ⁾ the letter^{bearing no.45/TP/NMC/2019issved by the 4th} respondent dated O1 .11.2019 as directed^{in W.P.No.9248 of 2021 and pass.}

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I.A.NO:1 OF ?021

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Petition Under Section^15'1 CPC^{prayingthat in the circumstancesstated} in the affidavit filed in support of the^{petition,the High Court maybe pleasedto} direct the 2nd respondent to receive, register^{and release the sale deeds} presented by the petitioner in respect of flat nos. 301, 302, 303, 403 and 404ⁱⁿ 3rd and 4th floors of PAGADALA^{PRIDE, BLOCK - B, in Survey No. 60' situated} at Bachupally Village, Bachupally Mandal,^{Medchal-Malkajgiri District, Telangana} State without reference to⁽ⁱ⁾ Memo^{bearingno.G2125712019 dated 26-08.2020} issued by the 3rd'respondent.and⁽ⁱⁱ⁾ the^{letter bearing no.45ffPlNMC/2019} issued by the 4th redpbndent dated^{01 .11.2019 as directed in W.P.No.9248 of} 2021,^pending disposal'of the above^{writ petition and pass.}

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Counsel for the Petitioner : SRI.S.SRIDHAR

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Counsel forthe Respondent Nos.1 to 3:AGP^{FOR REVENUE}

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, Counsel for the Respondent No.4 : SRI.N.PRAVEEN KUMAR

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' The Court made the following ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.32841 OF 2021

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ORDER:

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Heard both sides and perused the rnaterial on record.

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It is submitted by the learned 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 dated18.02.2022,as} rnodified by tlre 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 same may^{be disposed of in terms 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 documenVs.} However, conditions were^{imposed that (a) the petitioner/s is/are not} perrnitted to withdraw the writ^petition and^{(b) registration shall be subject} lo final result of the^{writpetition.}

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In view of the above, recording^{the aforesaidsubrnissionof the} leamed counsel on either side,^{following the common orderdated} 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}

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thereof, this^{writ petition is disposed of as under,withoutany order as to} costs:

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(A) If the subject^{docurnent/s has/have already been registeredand} released^{pursuantto the interim order;}

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(i) the documentrs^{registeredby rheSub-Regisrrarshall be subject to} :J'.;;'.;il;t iCi,itiNo^{rqoej or2021 filed bv theStateGovernment} iefore^{the Hon'ble SuprerteCourt; and}

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(ii) in case, it is lound^{that there is any violati-on of law like} :i;,Jilil;;,;"rur., ffi#i;;;;;;ng-i""^{u'ing 'ln} 'oiJ^{so r""t ro'} 'oua^pan width^{of. F r'L} access'^{and. the Bufrersub}

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Registrar shall make an endorsement inlbrrl.ring/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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(D the respondent - Sub-Registrar is directed to register the document ofsale, transfer and gift etc., presented for regiJtration by the petitioner/s without reference to the Memo Nos.CZtZSl tZOtS dated 26.O8.2020 md 29.t2.2020 issued by the respondent_the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45tTp,/l{MC/ZOtg dared 01. I 1.201 9 issued by the respondent-the Commissioner, Municipal Corporatron, Nizampet to the respondent-the Sub Registrar, quthbullapri, Rangu Reddy District, and similar letters, if any, issued by ihe various Municipal Commissioners in the State;

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(ii) the Sub Registrars in the State shall rnake an endorsement at the reverse side of the first page of the doculent ref.en.etl in direction No.(i) that registration so done is subject ro outcome of SLp (Civil) No.19695 of202l filed by the State Govcrnrnenr betbre the Hon,ble Supreme Court; and

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(iii) in case, it rs found that there is any violation of law like plots / la.nds / structures being sold forrr part of F.T.L. and Bulfer Zone / P.lots having less rhan 30 feet road width access. th" a;;R;i;rr shall .rr.rake an endorscment infbnning / cautioning ,lr;;;;ci;r.r. that risk is involvcd in purchase ot.suih plots: ,r.ti,ro,rrlJon. ,r" lli,,.1r^.r:1.ir,^{sralutory provisions:rhatregisrrarion ol rhc} same rs sutUe_ct ro outcorne of orders of the Hon,blJS"pr"li C"rnl,r'if-p made.on the (Civil) No. t9695 rcversc of 2021. side of To the that fi.rt effeci, / r";;;;';;;;';il;r;aJfi",r,;" "[a"rr.r"ri ,ir"fi U

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and also in the encumbrance record, website etc.

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

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To 1 2 2

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''. ,i HIGH cou

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ORDER

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'WP.No.32841 o12021

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DISPOSING^{OF THE W.P}

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-: l''
WTTHOUT COSTS.

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P.V. Mohan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

P.V. Mohan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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