Disposed

Mrs. Molleti Satya Naga Devi v. The State of Telangana, And 2 Others

Telangana HC10 Mar 2022WP/37591/2021

Case brief

AI extract

What is this about?

The High Court disposed of this writ petition regarding the registration of a sale deed by relying on a common order in related writ petitions W.P.No.328 of 2022 and directing the Sub-Registrar to register the document subject to the outcome of SLP No.19695 of 2021.

What did the court decide?

Directed the Sub-Registrar to register the sale deed without reference to specific restrictive Memoranda, subject to the outcome of SLP No.19695 of 2021.

Mrs. Molleti Satya Naga Devi Vs The State of Telangana… — Property and Title | Telangana HC (2022)

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HrGH COURT^{FOR THE STATE OF TE+ry.G.+NtAr HYDERABAD} (SPecial Original^{Jurisdiction)}

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THURSDAY,^{THE TENTH DAY OF} -[A.TCH rWO TUOUSAND^{AND TWENT.YTWO}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE B.VIJAYSENREDDY} WRIT PE TITION^{NO:375 91 0F 2021}

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Between:

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trilrs. Molleti Satya^{Naga Devi'W/o Molle-tilvlurali Krishna' Aqed about 44 years'} occ. Emplovee,^{Fvo. Plot il'"'ij-i:i69l1dlsss' tnoittn;g;l'noad No'2'Jubilee Hills'} Hvi"En5a,i"tingana^{State-500034'} ...PET.TI.NER

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AND

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1 r h e S ta te^{o t rer a n g a n i, Re p,|yJB} i,llr.JB?:^{3,,1i1?t8,?;rttfi I Ei,?J-to o o o o}

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2 ?f,S 3t:?f"!.3SBBII'iih;;;"to^{r G eneia I or Res i stratio Xl ni stu' p''} 3 +f;fttn1ffi?ar,^{Quthubullapur, Medchal-tVlalkajgiri District'relansana} State. ...RESPONDENTS

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PetitionunderArticle226oftheConstitulionoflndia.prayingthatinthe circumstances^{stated in the affidavit filed therewith' the High Court maybe} pleased to issue^{a Writ of Mandamus or any otherappropriate Writ' Order or} direction^{particularly one in the natureof Writof Mandamus' declaring the in action} of the 3rd^{respondentin not receiving'registering and releasing the petitionersale} deed in^{respect of semi-finishedFlat No'404(in Fourth Floor)' Sree Nivasin} Block-A,^{with plinth areaof 1100 Sq'ft (including common areaand Car Parking)'} along^{withan UDSof land 25 Sq yds (out of 534 Sq yds)' constructedon Plot} No.38 and^{39, in SurveyNo'27' 38 and 38/A' of K' V R Valley'Situatedat} Mallampet^{Village, (Under Dundigal Municipality)' Dundigal-Gandimaisamma} Mandal,^{Medchal-MalkaigiriDistrict'on the basis of Memo No'G2 125712019} dt.2dO&2O2O^{issuedby the 2nd respondent'as illegal' unjust and arbitrarV;} consequently^{Directthe 3rd respondentto receive' register andreleasethe Sale} Deedpresentedbythepetitionerinrespectofsemi.finishedFlatNo.404(inFourth Floor), Sree^{Nivas in Block-A'withplinth area of 1100 Sq'ft (including common} area and^{car parking),arong with an UDS of rand 25 sq.yds (out of 834 Sq'yds),} constructed^{on Plot No'38 and 39' in SurveyNo 27' 38 and 38/A' of K V R Valley'}

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Situated at Mallampet Village, (Under Dundigal Municipality), DundigalGandimaisamma Mandal, Medchal-Malkajgiri District, without reference to the Memo No.G2l25712019 dated 2610812020 issued by the 2nd respondent, as directed in W.P.No.924812021 .

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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 affidavit filed in support of the^petition, the High Court may be^pleased to direct the 3rd respondent to receive, register and release the Sale Deed^presented by the petitioner in respect of semi-finished Flat No.404⁽ⁱⁿ Fourth Floor), Sree Nivas in Block-A, with^plinth area of 1100 Sq.ft^(including common area and Car Parking), along with an UDS of land 25 Sq.yds (out of 534 Sq.yds), constructed on PIot No.38 and 39, in Survey No.27, 38 and 3B/A, of K.V.R.Valley, Situated at Mallampet Village, (Under Dundigal Municipality), Dundigal-Gandimaisamma lVlandal, Medchal-Malkajgiri District, without reference to the Memo No.G2125712019 dated 2610812020 issued by the 2nd respondent, as directed in W.P.No.9248/2021,^pending disposal of the writ^petition.

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Counsel for the Petitioner: SRl. P. VENKANNA

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Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.37591 OF 2021

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ORDER^(ORAL):

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Heard both sides and perused the material on record.

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It is subrnitted by the learned 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 dated 18.02.2022, as rnodilred by the order dated22.02.2022 in 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 pennitted 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 18.02.2022 in W.P.No.328 of 2022 and batch, as rnodified by the order dated 22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 of^2022, in^terms thereof, this writ petition is disponsed of as under, without^{any orderas 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 documenus registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 filed^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 ZonelPlots having less than 30 feet road width access, the Sub Registrar shall make an endorsement

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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 Supreme Court in SLP (Civil) No.19695 ol 2021. To that effect, an endorsement shall be made in the encumbrance record, website etc.

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(B) If the subject documenVs 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.G2l2 57 1201 I dated 26.08.2020 and 29.1 2.2020 issued by the respondentthe Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued bythe respondent-the Commissioner, lvlunicipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, 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 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 2021 filed by 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/lands/structures being sold form part of F.T.L. and Buffer ZonelPlots having less than 30 feet road width access, the Sub Registrar shall make an endorsement inform ing/cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provrsions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 ot 2021. To that effect, an endorsement shall be made on the reverse side of the firsUsecond page of the document and also in the encumbrance record, website etc.

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

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writ petition stand closed.

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SD/- N.CHANDRA^SEKHARRAO ASSISTANT^REGISTRAR

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//TRUE^COPY//

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/. SECT It N-o FFICER

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To,

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The Principal^{Secretary,Stamps andRegistratio^n.Department'Stateof Telangana'} ilr",!i"iiji,^{uvo Jiioid, retanbana state-so0004}

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lhg uommlssloner,^{ano Inspectoruellclalul nsgrstrdtrvlrarru 'rarrrvo'} 3 iil;5;6-R;i.1;;; outtruo;tapur^{Medchal-Malliajgiri District, Telansana state} 4 On" CC to Sri P. Venkanna,^Advocate IOPUC] 5 ii"I 6d.i"tp i"i-R;;;nrr6,^{ni'g-ricb-r,l ioi g,'estateof relangana at Hvderabad [oUT]} 6 Two CD Copies 7 One Spare Copy CHR NN v

HIGH COURT

DATED:1 010312022

ORDER

W.P.No.37591 ot 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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6AlY

Mrs. Molleti Satya Naga Devi v. The State of Telangana, And 2 Others

Case brief

What is this about?

What did the court decide?

Mrs. Molleti Satya Naga Devi v. The State of Telangana, And 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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