Disposed

Patakamudi Venkata Ramana v. The State of Telangana

Telangana HC8 Mar 2022WP/35979/2021

Case brief

AI extract

What is this about?

This order disposes of a writ petition seeking mandamus to direct the Sub-Registrar to register a sale deed without reference to an illegal memo. The Court followed a common order, directed registration of documents, and mandated an endorsement cautioning purchasers of risks regarding statutory violations.

What did the court decide?

Sub-Registrar directed to register sale documents without reference to the memo; endorsement to be made cautioning purchasers and noting pending Supreme Court appeal.

Patakamudi Venkata Ramana Vs The… — Constitutional and Fundamental Rights | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENTi

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THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION NO: 35979 0F 2021

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Between:

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Patakamudi Venkata Ramana, S/o. patakamudi Ranga Rao, aged about 39 years, Occ. Business, R/9 .llal No. 403, panduranga-lleights, {oaO NolOA,

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^^{Bandari Layout, Nizampet,Hyderabad,Telangana State_5000g0.} 2. Smt. ^{P-atakamudiSowjanya, Wo. Sri. patafamudiVenkata} Ramana, aged about 30 years, Occ. House Wife, R/o Flat No. 403, panduranga iligit", Road No.10A. Bandari Layout, Nizampet, HyderabaO, fetang"ana Siaie 500090. I

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...PETITIONERS

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AND

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1' The state df 'Terangana, Rep by its principar secretary, Revenue (stamps and Registration), Secrelariat, Hyderabad.

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2' The commissioner, and Inspector Generar of Registration and stamps, Hyderabad, Telangana.

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The Sub-Registrar, eutubullapur, Medchal_Matkajgiri District.

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.,.RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be Pleaseg/to issue any writ order or direction more particurarry one in the natuie of writ of Mandamus decraring the inaction of rhe respondent No.3 in receiving,. registering and rereasing of the sare deed presented by the petitioners in o"f"a of the semi-finished Frat No.402, in Fourth Froor, with buirt up area of 1160 Sq.feet (lncluding common area and car parking), arong with an Undivided share of land admeasuring 25.0 sq.yards (out of 250 Sq.yards), in the buirding known as "NVSD HEIGHTS", constructed on plot No,48, admeasuring 250.0 sq yOs., (or) 209.02 sq mts., consisting of Ground Floor, with RCC plinth area of ioo0 Sq.feet., in survey No.89/8, (out of Ac. 0-23 Guntas), situated at eutubullapur Village, Under GHMC circre, eutubuflapur lri4andar, t/edchar-Markajgiri District, Telangana . state, on the ground that the 2nd respondent issued Memo No.G2125712019 dated 26-oB.2o2o issued by respondent No.2 as iilegar, arbitrary and unconstitutionar and consequentry direct the respondent No.3 to receive, register and release the sare deed presented by the petitioners in respect of the

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Semi-finished F at No.402,^{in Fourth Floor,withbuiltup area of 1160 sq.} .feet (lncludingComnlonareaandCarParking),alongwithanUndividedShareofland admeasuring 2ti.0 Sq.yards^{(out of 250 Sq'yards)' in the building known as -} NVSD HEIGHT{i, constructed^{on Plot No. 48, admeasuring250 0 sq yds} '^(or) 209.02sqmts''ConsistingofGroundFloor,withRCCplinthareaof2000Sq.feet-. in survey No.81)/8.^{(out of Ac. 0-23 Guntas), situated at QutubullapurVillage,} Under GHMC C rcle, Qutubullapur^{Mandal, Medchal-Malkajgiri District, Telangana} state, without reference^{to Memo No.G2t257l2O19issued by the respondent No.2'}

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IANo;1 0F 20it1

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Petition under Section^{151 CPC prayingthat in the circumstances statedin} the affidavit filed^{in support of the petition, the High Court maybe pleased to} Jirect tne respondent'No.3^{to receive, register and releasethe sale deeds} presenteobythepetitionersinrespectoftheS-emijinishedFlatNo.402.inFourth Floor, with bui t up^{area of1 .160 sq.feet(lncluding commonarea and car} pa*rirgl along with an Undivided share of land admeasuring^{25.0 Sq.yards(out} in the building known^{as .NVSDHElcHTS",constructed on Plot} "izsotq.v"ro.), f.fo. +e, aimeaiuring^{ZSO.O sq yds.,(or) 209'02 sq mts,consist;ngof Ground} Floor, with RC()^{plinth area of 26OOSq.teet.,'inSurveyNo 89/B' (out of Ac 0-23} Cr"t".l, situated at^{QutubullapurVillage,L,nder GHlvlC Circle' Qutubullapur} tylandal, tvledchal^{Malkajgiri Distiict, Telangana state, without the referenceof the} tr/emoNo.G2l1)-STt2}lgdaled26tOBt2020issuedbytherespondentNo'2' pending disposirl of the^{writ petition.}

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Counsel for the^{Petitioners: SRl.RAJAGOPALLAVANTAYI}

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CounselforthtlRespondentNo.lto3:GPFoRSTAMPSANDREGISTRATIoN The Court made the^{following: ORDER}

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITI ON No .35979 0F 2021

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ORDER:

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Heard both sides and perused the rnaterial on record.

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2' It is submitted by the reamed counsel on either side that subject matter of this writ petition is squarely covered by the comrnon order passed by this Court in W.P.No.328 of 2022 and batch <Iatetl 1g.02.2022, as modifi ed by the order dated 22.02.2022 in l.A. No.2 of 2022 in W.p.No.29g5 of 2022 and batch, and therefore, keeping the matter pending will not serve any pulpos€, 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 rerease the subject document/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) rcgistration sha[ be subject to final result of the writ petition.

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In view of the above, recording the aforesaicl submission of the leamed counsel on either side, lollowing the comnlon order dated 18.02.2022 in W.P. No.328 of 2022 and barch, as urodified by rhe order dated 22.02.2022 in l.A. No.2 of 2022 in W.p.No.29g5 ol 2022, in tenns thTreof, this writ petition is disposed of as untler, rvithout any order as to costs:

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(A) If the subject documenUs has/have already becn registered and released pursuant to the interim order:

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(i) the document/s regisrered by the Sub_Regisrrar shall be subject to outcome of SLp (Civil) No. 19695 ot l02l filed by rhe srate Government before the Hon'ble Suprctne C,,rr11; ;rrrd

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(ii) in case, it is found that therc is any violation of law like plots/lands/structures being sold tbnn part of F..I..L. and Buffer ZonelPlots having less than j0 teet road ivitlth 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 outcome oforders ofthc Hon'ble Supremc Court in SLP (Civil) No.19695 of 2021. To that cftbct, an endorsement shall be made in the encumbrancc record. website etc.

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(B) If^.:he subject document/s is/are not yet registered and released pursuant ttl the interirn order;

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(i) the respondent - Sub-Registrar is directed to register thc document ofsale, transfer and gift etc., presented for registration by the petitioncr/s without reference to the Memo Nos.G2l257l201 9 dated 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTP/'I{MCi20l 9 dated 01.11.2019 issued by the respondeiitthe Commissioner, Municipal Corporation, Nizampct to the respondent-the Sub Registrar, Qutlibullapur, 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 endorscment at thc reverse side of the first page of the document refcrrcd in direction No.(i) that registration so done is subject to outcome of'SLP (Civil) No. I 9695 of 2021 filed by the State Government before the Hon'blc Supreme Court; and

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(iii) in case, it is found that there is any violation of lar.v likc plots / lands / structures being sold form part of F.T.L. and Buffcr Zonc / Plots having less than 30 feet road width access, thc Sub Registrar shall make an endorsement informing / cautioning the purchasers that risk is involved in purchase ofsuch plots; such transactions are hit by relevant statutory provisions; that registration of thc same rs subjcct to outcome of orders of the Hon'ble Suprcme Coud in SLP (Civil) No.19695 of 2021. To that effect, an cndorscnrent shall be nrade on the reverse side of the first / second page of'thc docurnent and also in the encumbrance record, websitc ctc.

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As a sequel thereto, miscellaneous petitions, if any, pending in this

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writ petitic n stand closed.

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To,

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SD/.K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY// Cb SECTION OFFICER

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1 The Princ pal Secretary, Revenue (Siamps and Registration), State of Telangana.Secretariat,Hyderabad. i,,

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2 The Comrrissioner, and lnspector General of Registration and Stamps, Hyderabad, Telangana.

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{ar{-.

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.7 The Sub-Registrar, Qutubullapur, Medchal-Malkajgiri^District. 4 One CC to SRl. RAJAGOPALLAVAN TAYI Advocate [OPUC] Two CCs to :GP FOR STAMPS AND REGISTRATION, High Court^{for the} State of Telangana at Hyderabad. [OUI

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