Disposed

V. Sita v. The State of Telangana

Telangana HC10 Mar 2022WP/35640/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the inaction of the Sub-Registrar. Following counsel submissions that the matter was covered by a common order (W.P. No. 328 of 2022), the Court directed disposal of the petition in terms of that common order without costs.

What did the court decide?

Petition disposed of following common order dated 18.02.2022 in W.P. 328 of 2022 without costs.

V. Sita 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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THURSDAY ,THE TENTH^{DAY OF T,4ARCH} 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^N O: 35640^{OF 2021}

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Between:

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V. Sita, Wo. V. Ramana^{Reddy,Aged about 41 years-. Occ' Housewife,. R/o'} ff .f.fo.i-Z-2tl92, Sai Charan^{Coionyl Near HMT Hllls. Kukatpally, Hyderabad -} 500 072.

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Kunchala Nagaraju,^{s/o. Kunchala Yedukondalu.Aqed about 24 Years,.occ.} - ljrl'lii"r., n7d. plbt'r..t1.6d0, e;giinsingn ruasar' op'p vasanth N-agar, KPHB Colony, Kukatpally, Hyderabad^{- 500 O72} ...PETIIONER(S)

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' AND "^- t. fne State of .r'r ii Telaisia'h?;Refi.ny.its .'. Principal Secretary, Revenue (Stamps and R6gistretibh)l Secretariat,^Hyderabad i

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ThE CommisSi6;Ei:rna^{lnspector General of Registration and Stamps,} Hyderabad, ?elangana

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The Sub Kegistrar;^{Kukatpally, Medchal- lVlalkajgiri O't"'"t...*=aTONDENTS}

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Petition under Article 226 of^{lhe constitutionof lndia praying that in the} circumstances stated in^{the affidavitfiledtherewith, the High court may be} pleased to issue any writ order or^{direction more particularlyone in.the nature of} writ of Mandamus declaring^{the inactionof the respondentNo.3 in receiving,} registering and releasiLq^{of the. sale deed presented by the petitioner in respect} of the Semi-FinishedtFlat^{No.601 of ANILS PRIDE . DoorNo.1-2-47141131601,} PTIN No.1240101g1i;,:Withr,a^{built. up area of 1500 Sq ft', (includingcommon} area) and car^{par[ing;q1d;i19a;80Sq,ft} ;'along^{with an undivided shareof land} admeasuring.33.Sq;yiiiiii:1iiui1or . ,, .ir^{373 Sq'yards) beingconstructed on plot} bearing NolJ3 in.SV:Ni;s;1j4;2nd,,117 ..,..,,:,. ... .^{in MCK Block No.2 situatedat Srinivas} Colony, Adjacent^{tol Allapur Society, HydernagarVillage,KukatpallyMandal} (previously Balanagsr','Mandal)^{under GH|\tlc Knkatpallycircle, Medchal-} Malkajgiri District, on the^{basis of Memo No.G2t25712019dated 2610812020} issued by the respondent^{No.2 as illegal, arbitrary' and u nco nstitutiona I and}

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consequently direct the^{respondent No.3 to receive, registerand release the sale} deed presented by the^{petitioners in respect of the semi-FlnishedFIat No.601of} ,.ANlLS PRlDE", Door No.1_2-47t4t13t6o1 , PTIN No.12401o1o12, with a built up ' area of 1500 Sq.ft.,^{(including common area)and car parking and area B0 Sq'ft} along with an undivided^{share of landadmeasuring33 Sq.yards(out of 373} Sq.yards) being constructed^{on plot bearing No.13 in Sy'Nosl'14 and 117 in} tvlcK Block No.2 situated at^{srinivas colony,Adiacentto AllapurSociety,} Hydernagar Village,^{Kukatpally Mandal (Previously Balanagsr IVlandal) under} GHMC Kukatpally circle,^{Medchal - Malkajgiri District, withoutthe reference of} the Memo No.G2t25712019^{dated26lo8t2o2o issuedby the respondentNo.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 HighCourt may be pleasedto} direct the respondent^{No.3 to receive, register and releasethe sale deed} presented by the petitioners in respect^{of the Semi-FinishedFlat No.601 of} ANILS PRIDE, Door^{No.1_2-47t4113t6o1,PTIN No. 1240101012,with a bui|t up} area of 1500 Sq.ft.,^{(including commonarea) and car parking and areaB0 Sq'ft'} along with an undivided^{.share of landadmeasuring33 Sq.yards(out of 373} Sq.yards) being constructed^{on plot bearing No'13 in Sy Nos1 14 and 117 in} rvlcK BloCk No.2 situated-at^{Srinivas Colony, Adjacentto AllaperSociety,} HydernagarVillage,.KukatpallyMandal(PreviouslyBalanagsrMandal)under GHMC Kukatpally circle,^{Medchal - Malkajgiri District, withoutthe reference of} the Memo No.G2t257l2O19^{dated2610812020issued by the respondentNo.2} pending disposal of the writ^petition.

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Counsel for the Petitioner(s):SRl'^{RAJAGOPALLAVANTAYI} Counsel for the Respondents:^{AGPFOR REVENUE} The Court made^{the following:ORDER}

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, I

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t I

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}IONOURABLE SRI JUSTICE B. VIJAYSEN R},DDY WRI'I PETITIO N No.35640 OF 2021

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ORDER (ORAI.):

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Heard both sides and perused the material on recorcl.

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It is submitted by the learned counsel on either side that subject matter 01'this writ petition is squarely covered by the comnron order passed by this Court in W.P.No.328 of 2022 and batch dated 111.02.2022, as rnodified by the order dated,22.02.2022 in I.A.No.2 of 2022 in W.p.No.29g-5 ol'2022 and batch, and therefore, keeping the matter peniling will not serve any purpose, as such, the same may be disposed of in tems thereof.

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This Court passed interim order in this writ petition direcring rhe respondents to receive, process, register and release the subject documenVs. However, 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 leamed counsel on eitler side, following the common order dated 18.02.2022 in W.P.No.328 of 2022 and batch, as modified by the oruler dated, 22.02.2022 in I.A.No.2 of 2022 in W.p.No.298 5 of 2022, in rerms 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 interim order;

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(i) the documenVs registered by the Sub-Registrar shall be subject lo outcome of SLp (Civil) No.1 9695 ot 2O2t fited 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 ZonelPlots having less than 30 feet road width access, the Sub Registrar shall make an endorsement

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)

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rnforming/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.19695 ot 2021. To that effect, an endorsement shall be made in the encumbrance record, website etc.

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(B) If the subjcct docur.nenUs is/are not yet registered and released pursuant to tlre intcrirtr ortler:

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(i) the respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for registratron by the petitioner/s without reference to the lvlemo Nos-G2/25712019 dated 26.08.2020 and 29.12.2020 issued by the respondenl-the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NIvlC/2019 dated 01.11.2019 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 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.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 ZonelPlots 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 oulcome 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

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wnt trtlon

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SD/.K.AMMAJI ASSISTAN;LREGISTRAR I ,TRUE coPY// sEcr?&^oFFtcERt

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to'', The Principal^{Secretary, Revenue (Stamps and Registration)' State of} Telangand,'^{Secretariat' HyderaDao}

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

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3 The Sub^{Registrar,Kukatpally' Medchal- Malkajgiri District}

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One CC to SRT RAJAGOPALLAVAN TAyt Advocate tOpUCl

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| I

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L*g C9. t9 -QPJ9r Revenue, High Court for the State of Telangana at HVderabad [OUT]

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Two CD Copies

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One Spare Copy

S.D NPJ

i t

HIGH COURT

DATED i 1010312022

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2 6 rl]E zffIl
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ORDER

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W.P.No.35640 ot 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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V. Sita v. The State of Telangana

Case brief

What is this about?

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V. Sita v. The State of Telangana

Case brief

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