Disposed

Smt. Thota Venkamma v. The State of Telangana

Telangana HC22 Feb 2022WP/4283/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition and an interim application praying for a direction to register land sale deeds. Following a common order in connected matters, the court directed the Sub-Registrar to register the documents but mandated specific endorsements regarding pending Supreme Court litigation and potential violations, nullifying the effect of the prohibition memo.

What did the court decide?

Directed Respondents to register sale deeds without the prohibition memo but with mandatory endorsement regarding pending SLP and risks.

Smt. Thota Venkamma Vs The State of Telangana — Property and Title | Telangana HC (2022)

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

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TUESDAY ,THE TWENTY SECOND DAY OF FEBRUARY 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: 4283 OF 2022

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Betwee n:

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Smt. Thota Venkamma, W/o Satyanarayana, Aged about 49 years, Om House wife, R/o H.No. 1-119, Gollagudem, Aswapuram, Khammam, Telangana- 507 116. Aadhar No. 9414 3784 1208

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Smt. Chandrakani Buchamma, W/o Venkateswarlu, Aged about 57 years, Occ. House Wife, Rio H.No. 5-7, Teldarupalli, Khammam Rural, Teldarupalli, Khammam, Telangana- 507 170. Aadhar No.3102 2439 4130

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Smt. Chandrakani Saidamma, W/o Ramchandraiah, Aged about 87 years, Occ. House Hold, R/o H.No. 5-7, Teldarupalli, Khammam Rural, Telangana507 170. Aadhar No. 5082 6710 591'1 .

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Sri Gajji Veerababu, S/o Pedda Lingaiah, Aged about 31 years, Occ. Business, R/o 2-3, Teldarupalli, Khammam, Telangana- 507 170. Aadhar No. 7658 0160 3675

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...PETTTTONER(S)

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AND

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1 The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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

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The Sub-Registrar, Khammam, Khammam District

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,,.RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in lhe nature of Writ of It4andamus, declaring the action of the Respondent No. 3 in refusing to receive register and release the sale deed presented by the Petitioners towards the Plot Nos. 1 to 172 in Sy.Nos.75lAAl2,751AA4,75/AA5, 75/AA3, B4lEl2l2l2,84/E3, B4lA5, Bs/U1, Bs/U and B5/U2 total admeasuring Ac.

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7-14 Gts., situated at Gurralapadu Village, Khammam Rural, Khammam District., in pursuant to the tt/Ett/O" No. G2125712019, dated. 26-08-2020, issued by the Office of the Respondent No.2, under Prohibition of registration of unauthorized plots and buildings against the Petitioners land, as arbitrary, illegal, without any jurisdiction contrary to the Provisions of the Registration Act 1908 and in violation of Article 14 of Constitution of lndia and consequently direct the Respondents No.3 herein to receive register and release the sale deed^presented by the Petitioners in respect of their land, without reference to letter MEMO' No. G2125712019, dated. 26-08-2020, issued by the Office of the Respondent No.2.

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lA NO: 1 OF 2022

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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 pleased to direct the Respondent No:3 to receive register and release the Sale Deed/s Presented by the Petitioners in respect of the Plot Nos.^'1 to 172 in Sy.Nos. 75lAAl2,75lAA4,75lAA5, 75/AA3, B4lEl2l2l2, 841E3, B4lA5, B5/Ul, 85/U and B5/U2 total admeasuring Ac" 7-14 Gts., situated at Gurralapadu Village, Khammam Rural, Khammam District, without reference to Letter "MEMO" No. G2125712019, dated: 26-08-2020, issued by the Office of the Respondent No.2, pending disposal, of the above Writ Petition.

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Counsel for the Petitioner Nos. 1 to 4:SRl. PRAKASH CHAKRAVARTHY

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Counsel for the Respondent Nos. 1 to 3: AGP FOR REVENUE/GP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE B, VIJAYSEN^REDDY

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WRIT PETITION No.3634 of 2022

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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} subject matter of this writ^petition is^{squarely coveredby the} common order^passed by this^{Court in W.P.No'328 of 2022 and} batch dated 18.O2.2022 as modified^{by the orderd.ated 22.O2.2022} in I.A. No.2 of 2022 in W.P. No.29B5 of 2022^{and batch, as such/} this writ^petition may be dlsposed^{of in termsthereof.}

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Therefore, following the^{common order dated18.02.2022in} W.P. No.328 of 2022 and batch^{as modifiedby the order 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 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 reference to the Memo Nos.G2/257 /2019^dated 26.08.2020 and 29.72.2020 issued by the^respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana;^Letter No.4SlTPlNlt4C/2019 dated 01.11.2019^{issuedby the} respondent^- the Commissioner, t'4unicipai Corporation,

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Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar Ietters, 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 2O2t fited by the Srate 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 Zone / plots 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 202t. 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

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in the writ petition shall stand closed.

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SD/- I. NAGA LAKSHMI ASSISTANT REGISTRAR //TRUE COPY' t--

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SECTION OFFICER

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To.

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The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Tela nga na .

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The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad

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The Sub-Registrar, Khammam, Khammam District

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4, One CC to SRl. PRAKASH CHAKRAVARTHy Advocate tOpUCl

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Two CCs to GP FOR STAMPS AND REGTSTRATTON (TG) ,Uigfi Court for the State of Telangana. [OUT]

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Two CCs to GP foi Revdnue,'High Cou( for the State of Telangana at Hyderabad. [OUT]

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Two CD Copies B. One Spare Copy

NS ^9r

HIGH COURT

DATED:2210212022

ORDER

WP.No.4283 of 2022

I r{E S r-A F-
o 1:
';<br>)JJ 2I l,lAR 202
?,,

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Q.,rlt
-' \u,

Smt. Thota Venkamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Thota Venkamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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