High Court disposed of a writ petition praying for mandamus to register sale deeds. The Court relied on a common order in related batch petitions to dispose of the matter without costs, directing registration subject to outcome of Supreme Court appeals.
Disposed of in terms of common order in batch litigation; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3183 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original Jurisdiction)
WEDNESDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 34595 OF 2021
Between:
' H.No.5-1-'108, Villabhnagar, Near Old Library, Mahabubnagar.
' Ryo H.No.5-1-108, Villabhnagar, Near Old Library, Mahbubnagar.
...PETITIONERS
AND
...RESPONDENTS
Petition under Nticle 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 an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in refusing to receive, register and release the Sale deed presented by the petitioner towards 7, 9, 13, 14, 25, 26, 27, 28, 29 and 30 total admeasuring 1604.35 Sq. yds. in Sy.No. 394/4 and 394/AA, situated at Christian Pally Village, Mahabubngar Mandal and District, inpursuant to the Memo No.G2125712019, dated 26.08.2020, issued by the office of the Respondent No.2, under prohibition of registration of unauthorized plots and buildings against the petitioners' land, as arbitrary, lllegal, without anyjurisdiction contrary toprovisions of the registration Act 1908 and in violation of Act.14 of Constitution of lndia and consequently direct the respondent No.4 herein to receive register and release lhe Sale Deedpresented by the Petitioners in respect their land, without reference to letter Memo No.G2l25712019, daled 26.08.2020, issued by the Office of the Respondent No.2.
lA NO: 1 OF 2021
Petition under Section'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the 4th Respondent to receive, register and release the Sale deedspresented by thepetitioners towards Plot Nos. 7, 9, 13, 14, 25, 26, 27,28, 29 and 30 total admeasuring 1604.35 Sq. yds. in Sy. No. 394/A and 394/AA, situated at Christian Pally Village, Mahabubnagar Mandal and District, in pursuant to the Memo No.G2125712019, dated 26.08.2020, issued by the office of the Respondent No.2.
Counsel for the Petitioners : SRl. D MANIKYALA RAO
Counsel forthe Respondents: GP FORREVENUE
The Court made the following: ORDER
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
MIT PETITION No.3459S oF 2021
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ORDER:
Heard both sides and perused the material on record.
2' It is submitted by the rearned counser on either side that the 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 14.02.2022, as modified by rhe order dated 22.02.2Ci22 tn 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.
3 This Court passed interim order in this writ petition directing the respondents to receive, process, register and release 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 final result of the writ petition.
(A) If the subject document/s has/have already been iegistered and released pursuant to the interim order;
(i) the document/s registered by the Sub_Registrar shall be sub.iect to outcome of SLp (Civil) No.19695 ot ZIOZ| frl.d ;;;; State Government before the Hontle Supreme Court; and
(ii) in case, it is found that there is any violation of law like plots/ la'ds/ structures being sord form part of F.T.L. and Buffer Zone /plots having less tharr 30 feet road width access, ,h";;; Registrzrr shail make an endorsement informing/c.",i""-g"afrl purchasers that risk is jnvolved in purchase of luch pf"ti ?".i transactions are hit by relevant statutory provi.io.rsj that
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registrationof the sarneis subject to outcomeof orders o[ t]re Hon'ble s,p;';c;;;t in SLP lciultl No' rooe 5 or 2o2r ' To that effect, an "ttiot""rn""tshall be made in the encumbrance record,website etc'
(B) If thesubject document/sis/arenot yet registeredand released pursuant tothe interim order;
(i) the respondent- Sub-Registrar is directedto registerthe document#;;' o"t"r"t" T{girt referenceetc' 'Presented' to the Memofor registrationUV tfl" p"iitio""tl^" ^Y$oit Nos.cz/zsz /ioUi"J 26'08'2o2o ar'd 29't2'2o2oissued bv -Cotrni""ioner and Inspector General the respondel-r"t-tf't 'of Stamps' Tela-ngana;Letter Registration No.aSlTP/NMcl2;;; and a"t"a o1'11'2o19 issued by the responient-theCommissioner'Municipal Corporation' Nizampet t"";;';;;;;"Jent-theSub- Resistrar' Quthbullapur' Ranga Reddy'o;=-Ji""'i "iit"t -t"tt"i"'ifany' issued by various MunicipalCommissioners in the State;
(ii) t}Ie Sub Registrarsin the Stateshall make an endorsementat of thedocument referred in the reverse::il';f;;'i';tp;s" direction *"iti;;;*g'"-tt"tiJ"I-g qti" is subject to-outcome of sLP(civil) il;'ffiG-J trled bvthe stateGovernment before theHonbleSupremeCourt;ald 'o21
(iii) in case,it is found thatthere is alv violation of law likeplots /lands I "it""i"t""t"ing sold form nart of F'T L' arT d Buffer zone / elotsio:viig'il" th;3o feetroad width access' the Sub an endorsementinforming/ cautioningthe purchasers Registrar "lr;i;;;" ;;;J [-i""ol""din purchase of suchplots: such transactionsare hit by relevantstatutory provisions; that suUj991.19outcomeof orders of the registrationoiti" "^rn""i" Hon'ble s";;t;:;;i ,., sr-p ici"it)l'to'tsos5 or2o2r' ro that on the reverseside of the '.'td' errect, a'' ";;;;;;;;;hJb" -"i-tr'" document and also in the Iirst / ""J;;";;;; encumbrancerecord' website etc'
The miscellaneouspetitions pending, if any, shali stand closed.
rhere shailbe no orderas to costs.
sD/-p.pA;UANf_[t,t?RRI
t'/rRuECoPY/l OFFICER 'EcffiN
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HIGH COURT DATED:0910312022 (
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ORDER WP.No.34595 of 2021
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WRIR PETITION !S DISPOSED OF WITHOUT COSTS.
c-o?\q
K.S. Ravi Kumar and Others
State of Telangana, rep. by its Principal Secretary, Revenue Department
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
