Dismissed

Penta Thirupathi v. The State of Telangana

Telangana HC10 Mar 2022WP/35736/2021

Case brief

AI extract

What is this about?

High Court, by oral order, disposed of the petition for registration of sale deeds by relying on a common order passed in another writ petition, directing registration with a statutory endorsement regarding Supreme Court pending litigation.

What did the court decide?

Directed Sub-Registrar to register the sale documents without reference to the Memo Nos. directing such memo and to make an endorsement on the documents and encumbrance records subject to Supreme Cour

Penta Thirupathi Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2022)

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[³¹⁸³ ]

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HIGH COURT FOR THE STATE OF TELANGANA (Special Original J u risd iction)

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THURSDAY, THE TENTH DAY OF I,IARCH 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: 35736 OF 2021

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Between:

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Penta Thirupathi, S/o Penta Bapu Aged about 41 years, Occ. Business, R/o H.No.16 104 Old I,4ancheria.l\4ancherial l,4anda.lt/ancherial District.

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...PETTTTONER(S)

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AND

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The State of Telangana, Rep by its Principal Secretary Stamps and Registration Department, Secretariat Buildlngs, BRKR Bhavan, Tank bund, Hyderabad.

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The Commissioner and lnspector General of Registration and Stamps, N,4.J I,4a rket, Hyderabad, Telangana State.

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The Sub-Registrar, [Vancherial, [t4ancherial lVlandai and District.

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...RESPONDENTS

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Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to assue an appropriate Writ, order or direction more particularly one in the nature Writ of N/andamus, declaring the action of the 3'd respondent in not receiving, registering and releasing the sale deeds presented by the Petitioner in respect of Plots bearing No's 1, 2, 3 and 4 admeasuring to an extent of Ac.O-14 Guntas. rn Sy. No 576, Situated at lVancherial lVunicipality, IVlancherial [Vandal, lVlancherial District, on the Ground of IVemo bearing No.021257 12019 dated 2610812020 and 29112t2A20 issued by the 2nd respondent as illegal, arbitrary,

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,-/ /

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without jurisdiction, contrary to the provisions of Registration Act-'1^gO8, and Vtolation of Article 14 of Constitution of lndia, and consequently direct the 3rd Respondent to receive, register and release the sale deeds presented by the Petitioner without reference to l\r'lemo bearing No.G2l257lZa19 dated 261AA2020 and 29112t2020 issued by the 2nd respondent

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lA NO: 1 OF 2021

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Petition under Section^'1 51 CPC praying that in the circumslances stated in the affidavit filed in support of the petitron, the High Court may be pleased to direct the respondent No.3 herein to receive, register and release the sale deeds presented by the Petitioner in respect of PIots bearing No's.1, 2, 3 and 4, admeasuring to an extent of Ac.0-14 Guntas, in Sy.No. 576, Situated at [/lancherial Municipality, lVlancherial N/andal, lVlancherial District, without reference to Memo bearing No G2125712019 dated 2610812020 and 29t1212020 issued by the 2nd respondent

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Counsel for the Petitioner : SRl. THOOM SRINIVAS

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Counsel for the Respondents : GP FOR REVENUE

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The Court made the following : ORDER

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\ ii

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HOl-.OURr\BLE^SRI 'IUSTICE^{B' VIJAYSENREDDY} \,RIT PET l't^{IO\ \o.35736oF 2021}

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ORDER^(ORAL):

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Heard both sides^{and perused the rnaterial on record'}

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It is submitted^{by the leamed counselon either side that subject} rnatter of this^{writ petition is squarely covered by the cotnmon orderpassed} by this^{Courtin W.P.No328of 2022 and batch dated 18'02'2022'as} modified^{by the orderdated22'02'2022in I'A'No'2of 2022in W'P'No'2985} of 2022^{andbatch, and therefore, keeping the matter pendingwill not serve} any^{purpose,as such, thesamernay be disposedof in terrrs thereof'}

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3 . This Court^{passed interim order in this writ petition directingthe} respondents^{to receive,process,registerand releasethe subject document/s'} However,^{conditions were itnposedthat (a) the petitioner/sis/are not} perrnitted to^{withdrawthe writ petition and (b) registration shall be subj ect} to final^{result ol the writpetition'}

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In view ol^{the above,recordingthe aforesaid submissionof the} leamed counsel^{on either side, followingthe commonorder dated} 18.02.2022 in^{W P.No'328 of 2022 and batch'as modifiedbv the order} clated 22.02.2022^{in I'A No'2 of 2022in W'P'No 298 5 of 2022' in tenns} thereof,^{this writ petition is disposedof as under' without any order as to} costs:

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(A) If the subject^{docutnent/shaslhave already been registered and} released^{pursuant to the interimorder;}

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(i) the documenVs^{registered by the Sub-Registrar strall be} ot"sle lcivli;^{No 1e6e5of 2021 filedbv} subject to ";i;;;; thestateC"'"in'"ntbeforetheHon'bleSupremeCourt; and

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(ii) in case, it is^{found thatthere.is- any violationof law like} plots/lands/stru-ciu[t^Uuingsold .form^part^{of F T L and} aufer zoniiAois^{having'lessthan} .30^{feet roadwidth} access, tnJ"Suo^{iegistiar shall makean endorsement}

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)

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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 js subject to outcome of orders of the Hon'ble Supreme Court in SLp (Civil) No 19695 of 202i . To that effect, an endorsement shall be made in the encumbrance record, website etc.

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(B) If the subject docurnent/s is/are not yet registered and releasecl

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pursuant to the interirn 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.G2l257t2019 dated 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent-the Commissjoner, Municipal Corporation, Nizampet to the respondenlthe Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letiers, 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 inform ing/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 firsvsecond 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 ttris

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writ petition stand closed.

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SD/. N. CHANDRASHEKAR RAO ASSISTANT,REGISTRAR ,TRUE COPY/I ( 1)

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SECTION OFFICER

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To,

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