Disposed

Kolanu Anand Reddy v. State of Telangana

Telangana HC10 Mar 2022WP/37753/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition for registration of sale deeds by applying a common order in a batch of similar cases. It directed the Sub-Registrar to register documents without reference to specific administrative memos but mandated an endorsement cautioning purchasers against potential legal risks pending the Supreme Court outcome.

What did the court decide?

Petitioner's sale deeds to be registered by Sub-Registrar without reference to Respondent 2's memos, subject to Supreme Court outcome; endorsement to be made cautioning risks.

Kolanu Anand Reddy Vs State of Telangana — Writ and Judicial Review | Telangana HC (2022)

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[³¹⁸³ ]

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HIGH COURT FOR THE STATE OF TELANGANA (Special Originat Ju risd iction )

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THURSDAY, THE TENTH DAY OF IUARCH 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: 377s3 0F 2021

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Between:

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Kolanu Anand Reddy, S/o. Narsimha Reddy Aged 53 yrs., Occupation Business, R/o. Chityala Village and l\rlandal, Nalgonda District.

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...PErroNER(S)

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AND

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'l . State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, H yd erabad-500022.

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The Commissioner and lnspector General of Stamps and Registration, IVolamlahi lVlarket. Hyderbad-500001

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The Sub-Registrar, Nalgonda S.R.O, Natgonda District.

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The Dislrict Registrar, Nalgonda 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 toto issue a Writ order or direction more particularly one in the nature of Writ of mandamus declaring the action of respondent 3 and 4 in refusing to register and release the sale deeds presented by the Pelitioner with regard to plots in Sy.Nos 541/ee, 5414, 541lloo, 543A2, 543aa2 and 543e2 situated at Chityala Village and Mandal, Nalgonda District pursuant to the [Vlemo No. G2125712019 dated 26-08-2020 issued by Respondent no 2 as itlegal, arbitriry

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without^{jurisdictionand contrary to provisionsof the RegistrationAct 1908 and} consequently^{direct the respondents3 and 4 to receive registerandreleasethe} sale deeds^{presentedby the petitioner in respect of plots in Sy Nos 541lee' 5414'} 543e2 situated^{at ChityalaVillageand Mandal'} 541/loo,^{543A2, 543aa2 and} Nalgonda^District

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IA NO :1^{OF 2021}

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Petition under^{Sectaon1 51 CPC prayingthat in the circumstances statedin} the affidavit^{filedin supportof the petition, the High Court maybe pleasedto direct} the Respondent^{3 & 4 to receive, register and releasethe saledeeds presented by} the^{petitionerin respectof plots in Sy nos541lee'541A' 541/loo' 543A2' 543aa2} and 543e2^{situatedat Chityala Village & Mandal' Nalgonda Districtwithout} reference to Memo^{no G2t25712019 dated 26-08-2020 issuedby respondent No' 2}

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Counsel for^{the Petitioner: SRI' K V SUBBA REDDY} Counsel for^{the Respondents: GP FOR REVENUE} "- The Court^{made the following: ORDER}

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(

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HONOURABLE SRI JUSTICE B. VIJAYSEN RBDDY

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WRIT PETITION No.37753 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 submitted by the leamed counsel on either side that subject rnatter 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 modified by the order dated 22.02.2022 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 rnay 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 pemitted to withdraw the writ petition and (b) registration shall be subject lo final result of the writ pelilion.

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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 modified by the order dated 22.02.2022 in LA.No.2 of 2022 in W.P.No.2985 of^{2022, in terms} thereof, this writ petition is disposed of as under, without any^{orderas to} costs:

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(A) If the subject documenVs has/have already been registered and released pursuant to the interiln order;

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(i) the documenUs registered by the Sub-Registrar shall be subject to outcome of SLP^(Civil) No.19695 of²⁰²¹ 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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)

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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 of 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.G2l25712019 daled 26.08.2020 and 29.12.2020 issued by the respondenlthe Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 0'1.1'1.2019 issued by the respondent.the Commissioner, Municipal Corporation, Nizampet to the respondenlthe Sub Registrar, - Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various lr,lunicipal Commissioners in the State;

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(li) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document referred iri direction No.(i) that registration so done is subject to outcome of SLP (Civit) 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 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 of 2021. To that effect, an endorsement shall be made on the reverse side of the firsvsecond page of the document and also in the encumbrance record, website etc.

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As a sequel thereto, rniscellaneous petitions, if any, pending ih this

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writ petition stand closed.

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<br>

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,TRUE COPY//

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SD/. N. CHANDRASHEKAR^RAO ASSISTANT REGISTRAR //: L)1., SECTION OFFICER

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To,