Disposed

K.Anantha Reddy v. State of Telangana

Telangana HC23 Mar 2022WP/35868/2021

Case brief

AI extract

What is this about?

This order disposes of Writ Petition No. 35868 of 2021 challenging refusal of land registration. The High Court followed a common order, directing registrars to register the documents while noting potential legal risks related to plots in F-FL/Buffer zones and directing encumbrance record endorsements.

What did the court decide?

Directed to register documents subject to Supreme Court outcome; required caution endorsement for specific plot violations.

K.Anantha Reddy Vs 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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WEDNESDAY, THE TWENTY THIRD DAY OF MARCH 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: 35868 OF 2021

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Between:

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'1. K.Anantha Reddy, S/o Late K.Bal Reddy Age 62 years. Occ Agriculture and Businesj Rlo 2-6712, Peddamangalaram Village, Moinabad Mandal, Ranga Reddy District.

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Mandai Sthi Reddy, S/o Mandadi Sai Reddy aged about 45 years Ryo 1-60/2,

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. Peddamangalaram Village, Moinabad Mandal, Ranga Reddy District.

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Pati Jaipal Reddy, S/o Pati Ramchandra Reddy 38 years Rl/o 1-14, Peddamangalaram Village, Moinabad Mandal, Ranga Reddy District.

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...PETITIONERS

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AND

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1 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, 5-3953, M.J. Road, Registration Bhavan, 4th and 5th Floor, Osmangunj, Hyderabad 500001.

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3 The Sub Registrar, (Stamps and Registration Department) Shankarpally, Ranga Reddy district.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to declaring the action of the respondents 2 and 3 in not allowing the registrations of the sale deeds with respect Venture known as SRI SRINIVASA COLONY, PHASE-4 FOR Plot Nos 6, 7, BSP, 14-21, 32, 40, 46,47,52,56-58, 68, 70,71, 75, 78, 79,80, 82 and 83 carved out of land in Sy. No. 403/ AC admeasuring Ac 3-15 Gunlas, and Sy. No. 403/8 admeasruing Ac 3-02 guntqs situated at Peddamangalamram Villge, Peddamangalaram Gram Panchayat, Moindabad Mandal, Ranga Reddy District within the jurisdiciton of Sub Registar Shankarpallay, in pursuance of the lvlemo No.G2125712O19, dated 26.8.2020 as illegal, arbitrary violation of Article 14,21 and 300-4 of constitution of lndia.

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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 aflidavit filed in support of the petition, the High Court may be pleased to grant interim direction directing the Respondent No. 3 to receive, registrar and release the sale deeds presented by the Petitioners for sale deed with respect Venture known as SRI SRINIVASA COLONY, PHASE-4 for PIot Nos. 6,7,8Sp, 14-21,32. 40,46,47,52, 56-58, 68,70,71,75,78,79,80,82 and 83 carved out ofland in Sy. No. 403/C admeasuring Ac 3-'15 Guntas, and Sy. No. 403/413 admeasruing Ac 3-02 situated at Peddamangalamram Villge, peddamangalaram Gram Panch,ayat, Moindabad Mandal, Ranga Reddy District within the jurisdiciton of Sub Registiar Shankarpallay, in pursuance of the Memo No.G2t25ll2O19, dated 26.8.2020 pending disposal of the Writ Petition.

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Counsel for the Petitioners: SRl. P AMARENDER REDDY

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Counsel for the Respondents: GP FOR STAMPS ANO REGTSTRATION

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The Cc,urt made the following: ORDER

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WRIT PETITION No.35868 O F 2021

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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ORDER:

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Heard both sides and perused the rnaterial 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 cornmon order passed by this Court in W.p.No.328 of 2022 and batch dated 1g.02.2022, as modified by the order dated 22.02.2022 in I.A.No.2 or 2022 in w.p.No.29g5 of 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terrns 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 document/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registrarion shalr be subject to final result of the writ petition.

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In view of the above, recorcling the aforesaid submission of the leamed counsel on either side, filllowing the comrnon order dated 18.02.2022 in W.P. No.328 of 2022 ar:rtl barch, as rnodified by the order dated 22.02.2022 in r.A. No.2 of 2022 in w.p.No.29g5 of 2022, in rerms thereof, this writ petition is disposed ol as under, rvithout anv order as to costs:

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(A) If the subject documenVs has,,havc alreatly becn regisrered and released pursuant to the interim order;

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(i) the docurnenVs rcgrsterctl lry tlrc Suh-Regrstrur shall be subjcct to outcome of SLp (Civil) No.l96tr5 of. 2021 lilcd by thc Sratc Covemment before the Hon'ble Suprcnrc ( irLrrl; aud

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{

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(ii) in case, it is tbund thar thcre is any violation ol. larv likc plots/lands/structures being sold firrm part ot. F_T.t_. and Buffer ZonelPlots having lcss than i0 tl,ct road rvidth access. thc Sub

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iI trt !

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Ilegistrar 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 Supremc Court in SLP (Civil) No.19695 of 2021. To that effcct, an endorsement shall 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 inlerim order;

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(0 the respondent - Sub-Registrar is directed to rcgister thc document ofsale, transfer and gift etc., presented lor registration by the petitioner/s without reference to the Memo Nos.G2l257l201 9 dated 26.O8.2020 and 29.12.2020 issued by thc respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45ITPNMC/2019 dated 0l . I L20 I 9 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar. Quthhullapur, Ranga Rcddy District, and similar letters, if any, issued by thc various Municipal Commissioners in the State;

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(ii) the Sub Registrars in the State shall make an cndurscrncnt at thc reversc side of the first page of the document relerred in direetion No.(i) that registration so done is subject to outcomc ofSLP (Civil) No.19695 of 2021 filed by the State Govemment bclirre thc I{on'ble Supreme Cou(; an'd

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liii)^{in case,} it^{is found that thereis any} violation of'larv like^plots / lands / structures being sold form part of F.T.L. anil But'lcr Zone / Plots having less than 30 feet road width acccss. the Sub [(cgistrar shall make an endorsement informing / cautioning thc purchasers tlrat risk is involved in purchase of such plots; such transactions arc hit by relevant statutory provisions; that registration of thc same is subjcct to outcome of orders of the Hon'ble Suprcrnc Court in S[-l' (Civil) No.19695 of 2021. To that effcct, an cndorscrncnt shall bc madc on the rcverse side of the first / second ltagc ol thc ilocunrcnt and also in the encumbrance record, websitc etc.

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As a sequcl thereto, miscellaneous petitions, il any. pcnding in this

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u.rit petition stand closed.

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SD/.T.TIRUMALA DEVI ASSISTANT- REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary^(Stamps and^{Registration) DeparlmentSecretariat,} State of Telangana, Hyderabad.

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The Commissioner and lnspector General of Registration^{and Stamps, 5-3-} 953, fi/I.J. Road, Registration Bhavan, 4th and 5th^{Floor,Osmangunj,} 'lyderabad 50000.1 .

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