Disposed

Sri. Aenugu Raghuma Reddy and another v. The State of Telangana and 3 others

Telangana HC11 Mar 2022WP/37974/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking registration of sale deeds for 28 plots in Nadergul Village. The Court directed the Sub-Registrar to register documents regardless of certain denial memos but mandated endorsements warning purchasers of potential legal risks and pendency of a Supreme Court appeal.

What did the court decide?

Directed Sub-Registrar to register sale deeds without reference to denial memos; mandated endorsements on documents and records cautioning purchasers of risks and pendency of Supreme Court appeal.

Sri. Aenugu Raghuma Reddy and another Vs The… — Writ and Judicial Review | Telangana HC (2022)

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[³¹⁸³ ]

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HIGH COURT FOR THE STATE^{OF TELANGANA} (Special Original J urisd iction)

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FRIDAY, THE ELEVENTH^{DAYOF N/ARCH} TWO THOUSAND AND^{TWENTY TWO}

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PRESENT

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THE HONOURABLE SRI^{JUSTICEB.VIJAYSEN REDDY}

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WRI T PETITION NO:^{37974 OF 2021}

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Between:

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1 Sri. Aenugu Raghuma^{Reddy, S/o. AenuguMohan Reddy, Aged about31} years, Oci Business, R/o. H.No.1-45,^{NadergulVillage, Balapur Mandal,} Ranga Reddy Distract^{- 50151 0}

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2 Syed Yakoob Ali alias^{Syed Zeeshan Ali, Aged about34 years, Occ Business,} R7o H No. 17-4-309,^{Yakutpura,I\4ataKi Khidki, Charminar,Hyderabad.}

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...PETTTIONER(S)

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AND

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The State of Telangana,^{Rep., by its Principal Secretary, Registrationand} Stamps Department,^{Secretariat, BRKR Bhavan, Hyderabad, TS'}

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The District Registrar,^{Rangareddy District, With Office at Moosapet,} Hyderabad.

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The Sub-Registrar,^{Champapet, Rangareddy District, Hyderabad'}

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4 The Commissioner and^{lnspector General, Registration and Stamps,} Hyderabad, Telangana.

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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^{affidavit filed therewith,the High.courtmay be} pleased to issue an order, writ^{or direction more particularlyonein the natureof} Writ of Mandamus, declaring^{the action of the 3'd respondentin refusingto} receive, register and^{release the sale deed presented by the petitionerin respect} of 28 plots i e, 18,^{19. 29 37' 38, 51. 68, 78. 79' 80' 87, 96, 1 12' 124"125'130 to}

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135, 14.1 , 142, 164,165, 166, 167 and'171 in Sy. Nos. 13, 14,^{16, 17,18,19,30,} 31 ,32,33, 34, 35. 36, 37, 38 & 60 of Nadergul^{Village, Balapur Mandal,} Rangarerddy District,^pursuant to the Memo No.G2125712019,^{dated.26/08/2020} issued by the 4th respondent as illegal, arbitrary, without^{jurisdiction and contrary} to the provision of the Registration Act, 1908 and^{in violationof Article14 of the} Constitr-tion of lndia, and consequently set^{aside the Memo No.G2l25712019} daled 2r)tO\t2020 issued by the^4th respondent

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lA NO: I OF 2021

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F'etition under Section 151 CPC^praying that in the circumstances^{stated in} the afficlavit filed in support of the^petition, the^{High Courtmay be pleasedto direct} the 3'd respondent to receive, register and release the^{sale deed presentedby the} petition?r in respect of 28 plots i.e., 18, 19,29,37,38, 51, 68, 78, 79, 80, 87, 96, 112, 124, 125, 130 to 135, 141, 142, 164, 165, 166,^{167 and 171 in Sy. Nos.13,} 14, 16, 17,18, 19, 30, 31 , 32, 33, 34, 35, 36, 37, 38^{and 60 of Nadergul Village,} Balapur Mandal, Rangareddy District with reference to Memo^{No.G2125712019} dated26lOBt2O20 issued by the^4th respondent

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Counsel for the Petitioners : SRl. VIJAY PISSAY Counsr:l for the Respondents : GP FOR REVENUE

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The Ccurt made the following : ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 37974 OF 2021

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ORDER^(ORAL):

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Heard both sides and perused the lnaterial on^record.

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It is submitted by^. the leamed counsel on either^{side thatsubject} matter of this writ petition is squarely covered^{by the common order passed} by this Court in W.P.No.328 of^{2022and batch dated18'02.2022, as} modified by the order <Lated22.02.2022^{in I.A.No.2of 2022in 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 interirn order in^this writ^{petition directing the} respondents to receive,^{process,register andreleasethe subject document/s.} However, conditions were^{imposed that (a) the petitioner/s is/arenot} permitted to withdraw the writ^petition and^{(b) registrationshall be subject} to final result of the writ^petition.

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In view of the above, recording^{the aforesaid submission of the} leamed counsel on either side,^{following the common orderdated} 18.02.2022 in W.P.No.328 of^{2022 and batch, as modified by theorder} dated 22.02.2022 in I.A.No.2 of 2022^{in W'P.No.2985of 2022, in terms} thereof, this writ^{petition is disposed of as under,withoutany order as to} costs:

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(A) If the subject documenVs has/have^{already been registeredand} released pursuant to the interim^order;

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(i) the documenVs registered by the^{Sub-Registrar shallbe} subject to outcome of^{SLP (Civil) No.19695of 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 roadwidth} access, lhe 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 oI 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 pu rsuant lo the interirll 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 lhe Memo Nos.G2l25712019 dated 26.08.2020 and 29.12.2020 issued by lhe respondent-the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued bythe respondent-the Commissioner, Municipal Corporation, Nrzampet to the respondent-the Sub Registrar, Outhbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in lhe 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 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 oI 2021. 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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As a sequel thereto, miscellaneous petitions, if any, pending in this

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v,,rit petition stand closed.

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//TRUE^COPY//

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ENT. A V.S.S.C.S.M.^SARMA --.^. OEPUTV^REGISTRAR t1 SECTION^OFFICER /

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To,

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