Disposed

Girod Sanju v. The State of Telangana

Telangana HC15 Mar 2022WP/33150/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking registration of documents for unapproved plots in Nirmal District. Disposing in terms of a common batch order, the Court directed the Sub-Registrar to register documents with cautionary endorsements regarding statutory violations and pending Supreme Court appeals, depending on the stage of registration.

What did the court decide?

Directed the Sub-Registrar to register documents with cautionary endorsements if not yet registered; declared registration subject to Supreme Court outcome.

Girod Sanju 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 N/ARCH} - TWO THOUSAND AND^{TWENTY TWO}

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PRESENT

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THE HONOURABLE SRI^{JUSTICE B.VIJAYSENREDDY}

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WRIT PETITION NO : 33150^{OF 2021}

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Betwee n:

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Girod Saniu. S/o.Pandari, aqed^{29 years,occ-Agriculture,R/o H No.2-14511..Tanoor} Vit't;;"-;;'J'MrnCur, bi.i-ruirmar^{n6p by his GFA hotder GirodPandari,S/o.Vittal,} ,"*ii6irt 60 ;;;r; occ-Aqricultirre.'^{Rto.2-146t1,Tanoor Villageand lt/andal'} Nirmal district.^{(GpnviOe Doc.No2347t2021 dt.29-09-2021)}

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...PETITIONER

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AND

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1 TheStateofTelangana,rep.byitsPrincipalsecretary,RevenueDepartment' Secretariat, Hyderabad,^Telangana

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The lnspector General^{Stamps and Registration, Moazzam.iah i Market'} Hyderabad , Telangana.

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The Sub-Registrar,^{Bhainsa, District Nirmal, (Previously Adilabad} district),Telangana.

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...RESPONDENTS

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Petition under Article 226 of^{the constitutionof lndia praying that in the} circumstances stated^{in the affidavitfiled therewith,the High courtmaybe} pleased to issue a writ, order^{or Direction more particularly one in the natureof} writ of Mandamus declaring^{the action of the Respondent No.3 in not receiving,} registering and^{releasingthe Documentsin favour of the prospective purchasers} producedbythepetitioneronthebasisofMemoissuedbytheRespondentNo.2 vide No.G2l25712019^{dl.26-08-2020and AmendedMemoNo.G2125712019} dt.2g-12-2020^{forun-approvedPlots bearing Nos 1,2,3,4,5'6'7' B' 9' 10' 11'12'} 13, 14, 15,-16, 17,^{18, 1g,20,21} ,22,23,24,25'^{26,27,28' 29'} 30,31,32,33,34,35,36,^{37, 38 and 39 in Sy'No 21t" C1 (211'l ) admeasurins}

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4955.46 Sq.Yards situated at Tanoor village and lvlandal, Nirmal District inspite of this Honbal Court's Order dt.23-08-2021 passed in W.P,No. 9248 ol 2021 as illegal, arbitrary and in violation of Articles 14,21 and 300-A of the Constitution of lndia and also against the provisions of Registration Act, 1g0B and consequently direct the Respondent No.3 to receive, register and release the Documents in favour of the prospective purchasers produced by the petitioners for the unapproved Plots bearing Nos.1, 2, 3, 4, 5, 6, 7,8, 9,10,1 1,12,13, 14, 15, 16, 17, 18, 19,20,21 ,22,23,24,25,26,27,28,29, 30,31,32,33,34,35,36, 37, 38 and 39 in Sy.No.21lA ^C1 (211 1) admeasuring 4955,46 Sq.Yards situated at Tanoor village and lt/andal, Nirmal District which has been mentioned in GpA vide Doc.No.234712021, dt.29-09-2021 in the interest of justice.

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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 Documents in favour of the prospective purchasers produced by the petitioners for the unapproved Plots bearing Nols.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 in Sy.No.21l C1 (211 1)admeasuring 4955.46 Sq.Yards situated at Tanoor village and Mandal, Nirmal District, which has been mentioned in GPA vide Doc. No.234712021 , d|.29-09-2021 in the interest of justice pending disposal of the writ petition.

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Counsel for the Petitioner:SRl. KORIPEL MADHUSUDHAN REDDY Counsel for the Respondents: cP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

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HONOURABLE SRI^{JUSTICEB. \lIJAYSENREDDY}

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.} :

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WRIT PETITION No.3^{3150 0F 2021}

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ORDER:

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Heard both sides and^perused the^{lnaterial on record.}

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It is submitted by the^{learned counselon either sirle that subject} rnatter of this writ^{petition is squarely coveredby the cotnmon orderpassed} by this Court in^{W.P.No.328 of 2022 and batchdated 18.02.2022,as} modified by the order dated22.02.2022^{in I.A.No.2of 2022 in W.P.No.2985} of 2022 and batch, and therefore,^{keepingthe matter pendingwill not serve} any^purpose, as such,^{thesamemay be disposedol in terrns thereof.}

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This Court passed interim order in^{this writ petition directingthe} respondents to receive,^{process,registerand release the subject docurnent/s.} However, conditions were^{imposedthat (a) the petitioner/sis/arenot} 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 subrnission of the} learned counsel on either side,^{followingthe corrrmonorder dated} 18.02.2022 in W.P. No.328 of^{2022 and batch,as rnodifiedby the order} dated 22.02.2022 in^{LA. No.2of 2022 in W.P.No.2985of 2022, in tenns} thereof, this writ^{petitionis disposedof as under, without any order as to} costs:

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(A) If the subject document/s 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 subjectto} outcome of SLP^{(Civil)No.l 9695of 2021 tlled by the State Govemt:rent} before the Ilon'ble Supreme^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 Butter} ZoneiPlots having less than^{30 feet road width access, the Sub}

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Registrar shall rnake an errdorscrnent infonnirrg/cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by rclevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon'ble Suprerre Coult in SLP (Civil) No.I9695 ol 2021. To that effect, an endorsement sliall be made in the encumbrance record, website etc.

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(B) If the subject document/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, transfcr and gift etc., presented for registration by the petitioner/s rvithout reference to the Memo Nos.G2l25712019 dated 26.08.2020 and 29.12.2020 issued by the respondent-the Comrnissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPn!MC/2019 dated 01.11.2019 issued by the respondent-the Cornmissioner, Municipal Corporation, Nizarnpet to the respondent-the Sub Registrar, Quthbullapur, 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 ol SLP (Civil) No.19695 of 2021 filed by the State Govemrnent before the Hon'ble Suprcme Court; and

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(iii) in case, it is found that there is any violation of law like plots / Iands / structures bcing sold fbnn part of F.T.L. and Buffer Zone / Plots having lcss than 30 feet road width access, the Sub Registrar shall make an cndorsemcnt inforrning / cautioning the purchasers that risk is involved in purchasc of such plots; such transactions ale hit by relcvant statutory provisions; that registration of the same is subject to outcome ol orders of the Hon'ble Supretne Court in SLP (Civil) No.19695 of202l. To that effect, an endorsement shall be rnadc on the reversc side of the first / second page of the document and also in the encunrbrance record, website etc.

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As a sequel thereto, miscellaneous petitions, if any, pending in tltis

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writ petition stand closed.

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SD/.V.KAVITHA ASSISTA NT REGISTRAR ,TRUE COPY//

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SECTION OFFICER

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To,

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