Disposed

Shambhavi Developers v. The State of Telangana

Telangana HC11 Mar 2022WP/33979/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking directions to a Sub-Registrar to register sale deeds. The court directed registration without reference to specific government memoranda but mandated an endorsement on records and deeds warning about risks associated with potential violation of relevant statutory provisions regarding land classification and road width, pending the outcome of a Supreme

What did the court decide?

Directed registration of sale deeds without reference to specific Memoranda; mandated endorsement on deeds and records cautioning about statutory risks and pending Supreme Court review status.

Shambhavi Developers Vs The State of Telangana — Property and Title | Telangana HC (2022)

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I^s183 I

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HIGH COURT FOR THE STATE OF TELANGANA,. AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDOY ,..--

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WRIT PETITION NO: 33979 OF 2021 _.-

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Between:

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Shambhavi Developers, rep by its Managing Partner Byri Hari Krishna S/o Balaiah, Occ. Business R/o H.No. 1-1-285, Prashanth Nagar Hanamkonda, Hanamkonda District.

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...Petitioner

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AND

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The State of Telangana, rep by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad.

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2 The Commissioner and lnspector General Of Registration and Stamps, M.J. Market, Hyderabad.

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3 The Sub-Registrar, Warangal RO Hanamkonda District ( erstwhile Warangal Urban District)

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...Respondents

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction particularly in the nature of Writ of Mandamus declaring the action of the respondent No.3 in refusing to receive, register and release the sale deeds presented by the petationer in respect of Plot Nos. 89, 90, 91,^'106 pa ,107,114, 115,116 part, 119, 128,129, 130, 131 ,132, 133, 134, 135, 136, 138, 139, 14311,144, 145, 146, 147,148, 149 and 150 in Survey No. 2561A, 2561A11, 2561E, 2561E11, 27418 and 274lBl1 of Hasanaparthy Village and Mandal, Hanamkonda District (erstwhile Warangal Urban District) on the ground of Memo No. G2125712019 dated 26-08-2020 and 29-'12-2020 issued by the respondent No.2 is illegal, arbitrary and without jurisdiction and without authority and contrary to the provisions of Registration Act, 1908 and in violation of rights guaranteed under the Constitution of lndia and set aside the same and consequently direct the respondent No.3 to receive, register and release the sale deeds presented by the petitioner without reference to Memo bearing No. G2125712019 dated 26-08-2020 and 29-12-2020 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 petitioner in respect of Plot Nos. 89, 90, 91, 106 part, 107,114, 115, 116 part, 119, 128, 129,130, 131 ,132, 133,134,135,136, 138, 139,14311, 144, 145, 146, 147,148, 149 and 150 in Survey No.256/4, 2561A11,2561E, 2561E11, 27418 and 274lBl1 of Hasanaparthy Village and Mandal, Hanamkonda District (erstwhile Warangal Urban District) without reference to Memo bearing No. G2125712019 dated 26-08-2020 and 29-12-2020 issued by the respondent No.2 pending disposal of the Writ Petition in the interest of^justice,

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Counsel for the Petitioner(s): SRl. P MEHAR SRINIVASA RAO

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' Counsel for the Respondents: ASST. GP FOR REVENUE

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The Court made the following: ORDER

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( u

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) )

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 33979 OF 2021

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oRpER (ORAL):

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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 rnodified 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 such, the same rnay 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 docurnent/s. I-lowever, conditions were imposed that (a) the petitioner/s is/are not pennitted 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 learned 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 I.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 has/have already been registered and released pursuant to the interirn order;

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(i) the documenVs registered by the Sub-Registrar shall be subject to outcome of SLP^(Civil) No.'19695 of 2021 ftled by the State Government before the Hon'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 Buffer ZoneiPlots having less than 30 feet road width access, lhe Sub Registrar shall make an endorsement

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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 Supreme Court in SLp (Civil) No.1 9695 o'f 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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(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 Memo Nos.G2l25712019 dated 26.08.2020 and 29.12.2020 issued by the respondentthe Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01. i 1.2019 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 Municipal Commissioners in lhe State;

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(ii) the Sub Registrars jn 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 sub.ject to outcome of SLP (Civil) No.19695 of 2021 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 of law like plots/lands/structures being sold form part of F.T.L. and Buffer ZonelPlols 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 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 on the reverse side of the firsUsecond 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 writ petition stand closed.

SD/.K.SAILESHI

//TRUE^COPY//

ASSISTANTAEGISTRAR sEcr(d^oFFlcER

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To,

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The Principal Secretary, Stamps and Registration Department, Secretariat, State of Telangana, Hyderabad.

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The Commissioner and lnspector General of Registration and Stamps, M.J.[t/arket, Hyderabad.

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The Sub-Registrar, Warangal RO Hanamkonda District ( erstwhile Warangal Urban District)

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One CC to Sri P [/ehar Srinivasa Rao Advocate IOPUC]

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Two CCs to GP FOR REVENUE, High Court for the State of Telangana, Hyderabad [OUT]

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Two CD Copies

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stvt

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HIGH COURT DATED:1110312022

ORDER

WP.No.33979 of 2021

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WRIR PETITION IS DISPOSED OF WITHOUT COSTS.

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Cu?iu

Shambhavi Developers v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Shambhavi Developers v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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