Dismissed

S.Laxman v. State of Telangana

Telangana HC9 Mar 2022WP/36249/2021

Case brief

AI extract

What is this about?

The High Court disposed of Writ Petition No. 36249 of 2021 in terms of earlier common orders. It directed the Sub-Registrar to register sale/transfer documents for specific plots without reference to administrative memos, subject to future Supreme Court rulings.

What did the court decide?

The petitioner's writ petition was disposed of in terms of a common order. The Sub-Registrar was directed to register the documents without the impugned memos, subject to Supreme Court orders.

S.Laxman Vs State of Telangana — Property and Title | Telangana HC (2022)

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[³¹⁸³ ]

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HIGH COURT FOR^{THESTATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE NINTH^{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: 36249 OF²⁰²¹

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Between:

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S.Laxman, S/o S.Yellaaih,^{Occ. rtd employee} r/o. H.No.10-5-342142125, Thukaram^{gateNorth lataguda, Secunderabad}

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...Petitioner

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AND

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State of Telangana,^{rep by its PrincipalSecretary, Revenue (stamps and} Registration) Secretariat,^Hyderabad.

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The Commissinoer and lnspector,^{Generalof Registration and stamps} Telangana, Hyderabad.

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The Sub Registrar, Keesara,^{Medchal Malkajigiridistrict}

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...Respondents

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Petition under Article^{226 of the Constitutionof lndia praying that in the} circumstances stated in^{the affidavitfiled therewith,the High Court may be} pleased to issue writ order or direction^{more particularly one in the nature of writ} of mandamus declaring^{the actionof the respondentsin refusing to receive,} process, register and release the document^{for plot No 444 extent100sq.yardsin} sy No. 15211, 153/18 and^{154/1 situatedat Kundanpallyvillage,KeesaraMandal,} Iriedchal Malkajigiri District^{relying uponthe memo issued by the respondent No'} 2 vide G2l257l2bt I dated 26.8.2020 and^{clarification memono.G2125712019} dated 29.12.2020 as arbitrary^{and illegal and contraryto the provisions} Registration Act 1908 and consequently^{direct the the respondentsto receive,} proiess, register and release the document^{present by the petitioner for the open} plot No. 444 extent 100 sq.yards in sy No.^152t1 ,^{153118and 15411 in surveyNo'} '15311tA situated at Kundanpally village, Keesara Mandal, Medchal Malkajigiri District without referring to^{the memoissued by the respondentNo 2 vide} G2l257t2o1g daled 26.8.2020^{and memo no.G2125712019daled 29.12.2020'}

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lA NO: 1 oF 2021

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Petition under^{section151 cPC prayingthat in the circumstances statedin} the affidavit filed^{in support of the petition, the High Court may be pleasedto} direct the respondent^{Nio 3 to receive, register and releasethe sale deedin} respest of vacant open^{plot No. 444 extent 100 sq yards in surveyN9} $il1 ,153118 and^{154t1 situatedat Kundanpallyvillage,KeesaraMandal,} rr/|eocnai Malkajigiri^{District without referringto the memo issued by the} respondent No. 2 vide^{G2125712019 dated 19.12.2O03and clarificationmemono.} c2)257 t2}1g dated^{29.12.2020 pending disposat of the abovewrit petition;}

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Counsel for the Petitioner(s):^{SRl. GUDI MADHUSUDHAN REDDY}

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Counsel forthe Respondents:^{GP FORSTAMPS AND REGISTRATION}

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The Court made the^following:

ORDER:

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.36249 OF 2O2l

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ORDER:

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Heard both sides and perused the material on record.

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It is submitted by the learned counsel on either side that the subject matter of this writ petition is squarely covered by the common order passed by this Court in W.P.No.328 of 2022 and batch dated 14.02.2022, as modified by the order dated 22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 of 2O22 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terms 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) registration shall be subject to fina1 result of the writ petition.

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In view of the above, recording the aforesaid submission of the learned counsel on either side, following the common order dated 14.02.2022 in W.P. No.328 of 2022 and batch, as modified by the order dated 22.02.2022 in l.A. No.2 ot 2022 in W.P.No.2985 of 2022, in terms 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 document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No. 19695 of 2027 filed by the State Government before the Honble 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 Zone fPlots having less than 3O 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

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registration of the same is subject to outcome of orders of the Honble Supreme Court in SLp (Civil) No.19695 of 2021. To that effect, an endorsement sha_ll 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 interim 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.G2/257 /2019 dated 26.Oa.2O2O and, 29.t2.2O20 issued by the respondent-the Commissioner and Inspector General of Regislration and Stamps, Telangana; Letter No.a5lTP/ NMC/2019 dated 01.11.2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, euthbullapur, Ranga Reddy District, and similar letters, if any, issued by 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 flrst page of tJle document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No. i 9695 ot 2021 frled bv 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 /^lalds / structures being sold form part of F.T.L. zrnd Buffer Zone I Plots having less than 3O feet road width access, the Sub Registrar shall make arr endorsement inforrning / cautioning the purchasers that risk is involved in purchase of such plots; iuch transacLions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Honble Supreme Court in SLp (Civil) No.l9695 of 2021. To that effect, al endorsement shall be made on the reverse side of the first / second page of the document and also in the encurnbrance record, website etc.

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The miscellaneous petitions pending, if any, shali stand closed.

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There shall be no order as to costs.

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//TRUE COPY//

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ASSISTANT REGISTRAR ' ill SECTION OFFICER

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To,