Allowed

G. Swamy v. The State of Telangana

Telangana HC10 Mar 2022WP/3887/2022

Case brief

AI extract

What is this about?

This petition challenged the Sub-Registrar's refusal to register sale deeds in an unauthorized layout, citing conflict with a government memo. The Court disposed of the petition by ordering the Sub-Registrar to register the documents without referencing the impugned memo, but mandated an endorsement regarding pending Supreme Court proceedings and statutory risks.

What did the court decide?

Directed the Sub-Registrar to register the sale deeds without reference to the impugned Memo No. G2125712019, subject to an endorsement on the documents regarding pending Supreme Court proceedings and

G. Swamy Vs The State of Telangana — Contract and Commercial Disputes | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE TENTH 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: 3887 OF 2022

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Between:

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G. Swamy, S/o. G. Kistanna, aged about 58 years. Occ: Nlason, R,/o Wanaparthy Town and Dist.rct

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N. Balaraju, S/o. Ramulu, aged about 56 years, Occ: Mason, R/o. Wanaparthy Town and District.

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...PET|TIONER(S)

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AND

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1 The Slate of T_elanga']a, Rep. by its Pflncipal Secretary. Revenue (Stamps and Registratron) Department, Secretariat, Hyderabad.

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2 The Commissioner and lnspector General of Registration and Stamps, State of Telangana Hyderabad.

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3 The Sub Registrar, Wanaparthy, Wanaparthy District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the cjrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the impugned l,4emo No. GZl2571201g, dt. 2610812020 directing the 3rd respondent not to accept the sale deeds in respect of the plots and houses which are parl and parcel of unauthorized layout, as illegal, arbitrary, and contrary to the provisior.ts of Registration Act, 1908 and also contrary to the order passed by the Hon,ble High Court in W.P.No. 9248/2021, dl. 23108t2021 and consequenfly direct the 3rd respondent to receive, registrar and release sale deeds in respect of plot bearing Nos. 13, 15, 19,21,50,59,91, 92 and 112, in Sy. No. 569/A2, 569/4l , 569/44, 569/A3, 569/45, total admeasuring Ac. 5-18 guntas at Wanaparthy villaqe, Wanaparthy Mandal and District, wjthout reference to the l\remo No. G2lZ57lZO19, daled 2610812020 issued by the 2nd respondent in favour of the petitioners, as the

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petitioners are 3ady and willlng to comply with all other formalities for the purpose of registration anc release the documents.

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lA NO: 1OF20 2

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Petition r nder Section 15'l CPC praying that in the circumstances stated in the affidavit file, in support of the petition, the High Court may be pleased directing the 3rd responr ent to receive, registrar and release the sale deeds sought to be presented by th petitioner in respect of plot bearing Nos. '13, '15, 19, 21 , S0, 59, 9j , 92 and 112, in I^,y. No. 569/42, 569/A1, 569/A4, 569/43, 569/A5, totat admeasuring Ac. 5-18 guntar at Wanaparthy village, Wanaparthy Mandal and District, without reference to th Memo No. G2125712019, dated 26.08.2020 issued by the 2nd respondent, pen ilng disposal of main Writ Petition.

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Counsel for the^{)etitioner(s):SRl.} M. DAMODAR REDDY

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Counsel for the lespondents : AGP FOR REVENUE

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The Court made the following : ORDER

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HONOURABLE SRI JUSTICE B, VIJAYSEN REDDY WRIT TIl'I N 87 0F 2022

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ORDER:

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Heard both sides and perused the material on record.

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2' rt is submitted by the reamed counser on either side that 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 1g.02.2022" as modified by the order dated 22.022022 in I.A.No.2 of 2022 in w.p.No.2985 of 2022 and batch. as such. this \'rit p,.'ritjon ntar. be dispose-rl ol in rcrnts thcrc,ol..

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l. Therefore, follorving rhe Comnron Ordcr darcd 1g.02.2021 in W.1'].No.328 of 2022 and barch as rrodilicd by rhc Order datcd 22.02.20)2 it I.A. No.2 of 2022 in W.p.No.2985 of 2022, in rerms thereof, this Writ petition is disposed ofas under without any order as to costs:

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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 references to the Memo Nos.G2l257l2019 dated 26.08.2020 and 29j2.2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.4slTp/NMC/20.19 dated 01.11.20'19 issued by the respondent _ the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, euthbu apur, Ranga Reddy District, and similar letters if any issued by the various l,{unrcipal Commissioners tn the State.

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(ii) the Sub Registrars in the State shalt make an endorsement at the reverse side of the first page of the

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document referred in direction No.(i) that registration so done is sub.ject to outcome of SLP (Civil) No.1 9695 of 2021 filed by the State Government before the Hon'ble Supreme Courti and

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(iii) in case, it is found that there is any viotation of law like plots / lands / structures being sold form part of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access. the Sub Registrar shatl 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 'egistration^of the same is subject to outcome of orders rf the Hon'ble Suprenre Court in SLP (Civ t) No 19695 of 2021. To that effect an endorsement shall be macie on :he reverse side of the first / second page or the Jocument and also in the encumbrance record. website :tC,

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The n scellaneous petitions pending, il any, shall stand closed.

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There shall be to order as to costs.

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Sd/. K.ONESIM ASSISTANT^REGISTRAR

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/iTRUE COPY//

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SECTION^OFFICER

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To, 1 . The Princip^{I Secretary, Revenue (Stamps and Registration) Department'} Secretariat,^{State of Telangana, Hyderabad} z. ine Comml^{;sioner and lnJpector6eneral of Registration and Stamps'State of} Telangana lyderabad.

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The S;b^{Rt jistrar, Wanaparthy Wanaparthy Districl} ^ .^. q One CC ro ,Rt. U. DAMODAR REDDY^Advocate' IOPUC] S i*o CC" t.^{GP FORREVENUE, High Court for the State of Teanganaat} Hyderabad IOUTI

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