Dismissed

Mrs. Snehalatha Singh v. The State of Telangana

Telangana HC8 Mar 2022WP/35972/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging the inaction of the Sub-Registrar in registering semi-finished flats. The Court directed registration of the documents without reference to objection letters, subject to future Supreme Court outcomes on plot legality, and mandated specific endorsements to purchasers about risks.

What did the court decide?

Petition disposed without costs. Respondents directed to register documents without objection letters and make mandatory endorsements cautioning buyers pending Supreme Court order in SLP (Civil) No. 1

Mrs. Snehalatha Singh Vs The State of Telangana — Property and Title | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT^HYDERABAD (Special Original J urisdiction)

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TUESDAY, THE EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTYTWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 3s972 OF 2021

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Between:

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Mrs. Snehalatha Singh, Wio. Atmakur Pratap Singh, Aged about 70 years, Occ- Housewife, R/o. H.No.l-9-2851415, Ramnagar Gundu, Behind Tirumala Residency, Vidya Nagar, Hyderabad. Rep. by its DAGPA Holder IVl/s. Sri Sai Syndicate lnfra, Rep. by its Proprietor Beldari Lakshminarayana S/o. Late.B.Sreeramulu, aged about 57 Years, Occ- Business, R/o. Flat No.302, Sreenilayam, Balaji Colony, Near Old Age Home, Nizampet, Bachupally Mandal, Medchal-Malkajgiri District, Telangana State-

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary. Revenue (Stamps and Registration), Secretariat, Hyderabad

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The Commissioner, and lnspector General of Registration and Stamps Hyderabad, Telangana.

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The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District

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The Nizampet Municipality, Rep. by its Commissioner, Nizampet. tr/edchal Malkajgiri 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 any writ order or direction more particularly one in the nature of Writ of

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Mandamus declaring the^{inaction of the RespondentNo.3 in receiving, registering} and releasing of the sale^{deed presented by the petitioners in respectof the Semi} Finished Flat No.^{401 in 4th Floor of Samrudhi Enclave,with built up area of 1480.0} Sq.feet (including^{commonarea) and car parking, alongwithundivided share of} land admeasuring^{35.50 Sq.Yards and Flat No. 402 in 4th Floor of samrudhi} Enclave, with^{builtup area of 1475.0 Sq.feet (including commonarea) andcar} parking, along withundivided^{shareof land admeasuring 35.50 Sq.Yards(out of} 355.0Sq.YardS)inSurveyNo.32SsituatedatNizampetVillageandMunicipal corporation, Bachupally^{Mandal, Medchal-Malkajgiri District,on the ground that the} 2nd respondent^{issued Memo No.G2l25712019 dated26.08.2020issued by} respondent No.2^{and letter bearing No.45/TP/NMC/2019 dt.01 .11.2019 issuedby} the respondent^{No.4 as illegal, arbitrary and unconstitutionaland consequently} direct the respondent^{No.3 lo receive, register and releasethe sale deed presented} by the^{petitionersin respect of the semi Finished Flat No. 401 in 4th Floor of} Samrudhi Enclave,^{with built up area of 1480.0 sq.feet(including common area)} and car^parking, along^{with undivided share of land admeasuring 35.50Sq.Yards} and Flat No. 402^{in 4th Floorof Samrudhi Enclave, with built up areaol 1475.0} sq.feet^{(including commonarea) and car parking, alongwithundivided shareof} land admeasuring 35.50^{Sq.Yards (Out of 355.0Sq.Yards)in Survey No32B} situated at^{Nizanrpet village and Municipalcorporation,Bachupallylr'4andal} Medchal-Malkajgira^{District,withoutreference to MemoNo.G2l257l2O19dated} 26.O8.2O2O issued^{by the respondent No.2 and letter bearing No. 45/TPINMC/2019} dt.01 .'l¹ .201 9 issued^{by the respondentNo.4.}

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lA NO: 1 OF²⁰²¹

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Petition under Section^{151 CPCprayingthat 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, registerand releasethe sale deeds presented by} the Petitioner in^{respect of the semi Finished Flat No. 401 in 4th Floor of samrudhi} Enclave, with built up^{area of 1480.0 Sq.feet(including commonarea) and car} parking, along with undivided share of^{land admeasuring 35.50 Sq.Yards andFlat} No. 402 in 4th Floor^{of Samrudhi Enclave, with built up area of 1475 0 Sq.feet} (including common area) and^{car parking, alongwith undivided share of land}

i I I i I

I J I

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admeasuring 35'50 Sq-Yards (out of 355.0 sq.yards) in survey No. 328 situated at Nizampet Vi'age & Municipar corporation, Bachuparry Mandar. I,edcha r-rvarka.igiri District' without the reference of the Memo No.G2l2 57t2org dated 26.08.2020 issued by the respondent No.2 and letter bearing No. 4SlTplNIVC/201 9 dt 0-1 1 1 '2019 issued by the respondent No.4 pending disposar of the writ petition.

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Counset for the petitioner: SRl. RAJAGOPALLAVAN TAyt

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COUNSEI fOr thE RESPONdENT NO. 1 tO 3: GP FOR STAMPS AND REGISTRATION

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Counsel for the Respondent No.4: SRI N PRAVEEN KUMAR

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(sc FOR MC TELANGANA)

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The Court made the following: ORDER

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HONOURABLE^{SRI JUSTICE B' VIJAYSEN REDDY} wRlT^{PETITIONNo'35972OF 2021}

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ORDER:

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Heard^{bothsides and perusedthe material on record'}

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lt is^{submitted t'y tt'" t"u'rr"d counsel on either sidethat subject} matter^{of this writpetitionis squarely coveredby the commonorderpassed} by^{this Court in W P'No'328 ol2022and batch dated 18'02'2022'as} modified^{by the order dated22'02'2022in I'A'No'2 of 2022 in W'P'No'2985} of 2022and^{batch'and therefore' keeping the matterpending will not serve} any^{purpose, as such' thesame rnay be disposed of in terms thereof'}

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This^{Court passedinterim order in this writ petitiondirectingthe} register^{and releasethe subject document/s'} respondents^{to receive'} "*""' However,^{conditions wereimposedthat (a) the petitioner/s is/arenot} pennitted^{to withdrawtf'" *'it petitionand (b) registration shall be subject} to final^{result oI the writpetition'}

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ln^{view of the above' recordingthe aforesaid submission of the} leatned^{counselon either side' following the common order dated} 18.02-2022^{in W'P' No328 ol 2022 andbatch'as modified by the order} dated^{22'02'2022 in I'A' No'2 of 2022 in W'P'No'2985of 2022' in tenns} thereot''^{this rvrit petitionis disposed of as under' withoutanyorder as to} COSTS: alreadY^{beenregistered} ancl (A) lf^{thesub-iect clocunrent/shas/have} released^{pursuant to the interirnorder;}

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:l''lll;^{iitiT i[]'liiii::$'"'i} "'l;"''i"Iffi^{;,il"'11] "'ill::i'li} r.,linr.'r,.^{lron'blcSuprerne ('oun;anq} .. ^-., violation of llrv likc 1ii)^{in case. it is lbund that there tt u'^t]} o, F.T.L.^{and Bullcr} tn" ='n plots'lunds^{slrueturcs being tgtd} I" l^"I;'Utn' ""t""' i-.,;tt ti;tt^{harirtB less thanJ0 feet roao}

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Rcgistrar shall make an endorsement informing/cautioning thc purchasers that risk is involved in purchase of ;uch plors; such transactions are hifby relevant statutory provisions; that icgistrarion of the same is subject to outcome of orders of the Hon,bleiuprcme Court in SLp (Civil) No.19695 of 2021. To that cffect. an endorsement shall be made in the encumbrance record, wcbsite erc.

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(B) If the subject document/s is/are not yet registered and released pursuant to lhe interim order.

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(i) thc respondent - Sub-Registrar is directed to register thc document ofsale, transfer and gift etc., presentcd for registration by the petitioner/s without reference to the Memo Nos.G2l257l201 9 dated 26.08.2020 and 29.12.2O20 issued by the respondenr_rhc Commissioncr and Inspector General of Registration and Stamps. Tclangana; Letter No.45lTp/NMC/201 9 dated 01.11.2019 issued by the respondent-the Commissioner, Municipal Corporation. Nizampct to the respondent-the Sub Registrar, euihbullapur. Ranga Reddy District, and similar letters, if any, issued by thc varioirs Municipal Commissioners in the State;

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(ii) the Sub Rcgistr4rs in the State shall make an endorsement at thc revcrse side of the first page of the document ref'erred in direction No.(i) rhat registration so done is subject to outcome ol SLp (Civil) No.19695 of202l filed by the State Govemment before the Hon,blc Supreme Court; and

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(iii) in case, it is found that there is any violation of law likc plors r lands / structures being sold form part of F.T.L. and Uult'er Zone / Plots having less than 30 feet road width access, thc Sub llcgistrar shail make an endorsement informing / cautioning the purchascrs that risk is involved in purchase of such plots; t;r"h-t.onru.,,.,,,:; ur" hit by rclevant statutory provisions; that registration ol the sarne is subjcct to outcome of orders of the Hon,ble Supreme (.ourt in Sl.p (Civil) No. 19695 of 2021. To that effect, an eirdorscnrcnt shall bc rnatle on tlre reverse side of the first / second page ot. the docurncnl and also in the encumbrance record, website etc.

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As a scquel thereto, n.riscellaneous petitions, if any. pending in this u'rit petitiorr stantl closctl

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,TRUE COPY//

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ASSISTANT REPISTRAR lYr--'ftl

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SECTION OFFICER

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To,

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1 The Principal Secretary, Revenue (Stamps and Registration), Secrelariat, The State of Telangana, Hyderabad

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The Commissioner and lnspector General of Registration and Stamps Hyderabad, Telangana.

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The Sub-Registrar, Quthbullapur, Medchal-Malkaigiri District.

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The Commissioner, The Nizampet Municipality, Nizampet, Medchal Malkajgiri District

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One CC to SRl. RAJAGOPALLAVAN TAYI Advocate IOPUC]

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One CC to SRl. N PRAVEEN KUMAR (SC FOR MC TELANGANA) IOPUC]

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Two CCs to GP FOR STAMPS AND REGISTRATION^(TG) ,Hish Court for the State of Telangana. [OUT]

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Two CD Copies

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One spare copy

NPJ

l^/

HIGH COURT

DATED: 0810312022

ORDER

{i
21 [uB ?tflt
i-)

WP.No.35972 of 2021

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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P( l1

Mrs. Snehalatha Singh v. The State of Telangana

Case brief

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Mrs. Snehalatha Singh v. The State of Telangana

Case brief

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