Disposed

Radhika Rani Agarwal v. State of Telangana

Telangana HC9 Mar 2022WP/36268/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking registration of property documents. Relying on a common order, the Court directed the Sub-Registrar to register documents without reference to specific memoranda, subject to the outcome of pending Supreme Court proceedings, and to annotate records regarding potential statutory violations.

What did the court decide?

Directed respondent Sub-Registrar to register documents without reference to specific memoranda, subject to Supreme Court outcome; mandated annotation regarding potential F.T.L. violations.

Radhika Rani Agarwal Vs State of Telangana — Writ and Judicial Review | Telangana HC (2022)

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[3183 I

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HIGH COURT ['OR THE STATE OF^TtrLANGANA AT HYDERABAD

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(Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY^OF MARCH TWO THOUSAND AND TWEN'fY TWO PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSE,N^REDDY WRIT PETITION NO: 36268 OF 2021

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Between: '^'

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Radhika Rani Agarwal, Wo.Govind^{Kumar Agarwal,Occ.Household, R/o.PlotNo.1,} Madhupala Enclaie, 5th Cross, BHEL^{Enclave,AkbarRoad,Secunderabad, Rep.by her} regd. AGPA Holder Anees Fatima Wo.Shaik Abdul^Rafiq.

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...PETITIONER

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AND

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State of Telangana, rep. by^{its PrincipatSecretary, Revenue(Registrationand Stamps)} Deparlment, Secretariat, Hyderabad.

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The Commissioner and Inspector General of^{Registrationand Stamps, Telangana,} Hyderabad.

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The District Registrar, Revenue^{(Registrationand Stamps)Department,Ranga Reddy} District.

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4 The Sub Registrar, Revenue^{(Registrationand Stamps)Department,SRO,} Shamshabad. Ranga Reddy District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of^{India praying that in the} circumstances stated in the affidavit^{filedtherewith, the HighCourt may be pleased to} issue a writ, order or direction^{moreparticularlyone in the nature of Writ of Mandamus} declaring the action of the respondents more^{particularlythe 4th respondentin orally} relusing to receive and register the documents^{presentedby the petitionerin respectof} land bearing Plot Nos.S, 6,1 and 8,^each admeasuring^{i 210 sq.yards, under Sy.No.161i^} F, situated at Thoirdpally Village,^{ShamshabadMandal,RangaReddy District. on the} ground of Memo No.G2l2 5712019 dated.26.08.2020 issued^{by the 2nd respondent,as} illegal, arbitrary, unjust, unconstitutional,^{violation of principlesof naturaljustice and} also contrary to the provisions of Registration^{Act, 1908, and set aside the same,and} consequeqtly direct tl.rc respondents^{3 and 4 to register and releasethedocuments} presented by the petitioner in respect of subject^{plot without reierence to the Memo} No.G2l25712019 dated.26.08.2020^{issued by the 2nd respondcnt,}

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IA NO: I OF 2021

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Petition under Section¹⁵¹ CPC^{prayingthat in the circumstances stated in the} allldavit filed in support of the petition, the High^{Court may bc pleasedto direct the} respondents 3 and 4 to receive, register and release the^{documents presentedby the}

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petitioner in respect of rand bearing prot Nos.5.6.7 and g.rcach admeasuring I2r0 sq. yards' undet sv'No r6rl^F. siruated"ar,r""ap"irv virrlg_e._ Shamshabad Maniar, Ranga Reddy Districr. wirrrour rererence to rhe rra"rJ N".czi)l 7/201g dated.26.08.2020 issued by the 2nd respondent, pending airp"."r ;i,h" #t;ff;"",

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Counsel for the petitioner: SRI. MOHD MOIN AHMED eUADRI

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Counsel for the Respondcnts: Gp FOR STAMPS AND REGISTRATION ;$g".ri made rhe foilowing

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HONOURABLE SRI JUSTICE B..VIJAYSEN REDDY

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WRIT PETITION No.36268 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 18.02.2022, as modilied by the order dated 22.02.2022 irt I.A.No.2 of 2022 in W.P.No.2985 of 2022 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 final 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 la.O2.2022 in W.P. No.328 of 2022 and batch, as modified by the order dated, 22.02.2022 in l.A. No.2 of 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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(, the document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No. 19695 of .2027 frled by the State Government before the Hon'ble 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 Hontrle Supreme Court in SLP (Civil) No.19695 of 2O21. To that effect, 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 interim order;

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(i) the respondent - Sub-Registrar is directed to register the document of sale, transfer a;rd gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2/257 /2019 dated 26.08.2020 and.29.t2.2O20 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.a5lTP/NMC/2019 dated 01.11.2019 issued by tJle respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, euthbultapur, Rarga 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 first page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2O2t fited by the State Government before the Honble Supreme Court; ald

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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 Zone f Plots having less than 30 feet road width access, the Sub Registrar sha-li make an endorsement inforrning / cautioning the purchasers that risk is involved in purchase of such plots; iuch transactions 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.19695 of 2027. To that effect, an endorsement shall be made on the reverse side of the first / second page of the document and also in the encumbrance record, website etc.

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

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There shall be no order as to costs.

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SD/.K.VENKAIAH ASSISTANT ci^REGISTRAR

//TRUE^COPY//

SECTION^OFFICER