Dismissed

Gonela Yellaiah v. the State of Telangana

Telangana HC22 Feb 2022WP/4967/2022

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition by following a prior common order. It directed the Sub-Registrar to register sale deeds of plots in an unauthorized layout without reference to an illegalization memo, subject to a supreme court appeal outcome and specific endorsements regarding land violations.

What did the court decide?

Respondent-Sub-Registrar directed to register sale deeds subject to outcome of Supreme Court SLP with mandatory cautionary endorsements.

Gonela Yellaiah Vs the State of Telangana — Writ and Judicial Review | 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.VIJAYSENREDDY}

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WRIT PETITION NO: 4967^{0F 2022}

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Betwee n:

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GONELA YELLAIAH,^{S/o. G.l\rlashanna, Aged about 63 years,Occ: Business, H No} a-iliie,, old RTo office^{Road, ward-08,P-ebbair,wanaparthy.}

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...PETITIONER

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AND

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I THE STATE OF^{TELANGANA, Rep. by its Principal Secretary, Revenue} (Stamps and Registration ) Department,^{Secretariat, Hyderabad'}

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2 THE COIVMISSIONER^{ANDINSPECTOR GENERALOF REGISTRATIONS} AND STAIVPS, State of^{Telangana, Hyderabad}

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THE SUB-REGISTRAR,^{Wanparthy,Wanaparthy District}

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...RESPONDENTS

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Petition under Article^{226 ol the constitutionof lndiapraying that in the} circumstances stated in the^{affidavitfiled therewith, the High courl maybe} pleased to issue an appropriate^{writ,order or Directionsmore particularly onein} the nature of writ of^{Mandamus declaringthe actionof the 2nd respondentin} issuing the impugned^{Memo No.G21257t2019, dated 26-08-2020 directingthe 3rd} respondent not to accept^{the saledeeds in respect of the plots and houses which} are^part and^{parcel of unauthorized layout, as illegal , arbitrary and contrary to} the^provisions of^{RegistrationAct ,1 908 and consequentlydirect the3rd} respondent to receive,^{register.vana} ,release^{satedeeds in respectof left out plot} No.342,282tA,220tA,1511A,1521A,363^and 364 in

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Sy.No's.'1 12t1 ,11211 ,11212,1'13lA/1^{and 113lAl1} ,to^{an extent of 14Ac21 Gts,} situated at at Pebbair^{Village andMandal,Wanaparthy District,withoutreference} to the Memo No. G21257t2019,^{dated 26-08-2020 issued by the 2nd respondent} in favour of the^petitioners , as lam^{ready and willing to comply with the} formalities for the^{purpose of registrationand release the documents.}

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IA NO: 1 OF 2022

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Petition under section 151^{CPC prayingthatin the circumstances statedin} the affidavit filed in support^{of the petition,the High court may be pleasedto} direct 3rd respondent^{to receive} ,^{registrar andreleasethe sale deedssoughtto} be^presented by the^{petitioner inrespectof the ofleft out plot} No.,2821A,2201A,1511A,152tA,363^{and 364 in Sy.No's.1'12l1} ,^{11211' 11212,} 113tAt1 and 113lAl1 , to an^{extentof 14Ac.21Gts., situated at Pebbair Village} and Mandal, Wanaparlhy^{District, withoutreference to the MemoNo.} G2t257l2o1g, dated^{26-08-2020 issued by the 2nd respondent pending disposal} of the main writ^petition.

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Counsel for the Petitioner^{: SRI' J. SURESH BABU}

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Counsel for the Respondents^{: AGPFOR REVENUE}

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The Court made the^{following : ORDER}

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THE HON'BLE SRI^{JUSTICEB. VIJAYSENREDDY}

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WRIT PETITION^{No'4967of 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 counselon eitherside that} subject matter^{of this writ petitlon is squarely coveredby the} common order^{passed by this Courtin W'P' No'328 of 2022 and} batch dated^{78.02.2022as modified by the order daled 22'02'2022} in I.A. No.2 of^{2022 in W.P. No.29B5of 2022 and batch, as such'} this writ^{petition may be disposed of in terms thereof'}

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Therefore,^{followingthe common order dated78 '02'2022in} W.P. No.328 of^{2022 and batchas 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 disposedof as under without any order} as to costs:

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(

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(l) 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.G2/257/2019dated} 26.08.2020 and^{29.L2.2O20 issuedby the respondent} - the Commissioner and^{Inspector General of} Registration and^{Stamps,Telangana;Letter} No.45lTPlNMC/2019^{dated 01.11.2019issuedby the} respondent^- the^{Commissioner, Municipal Corporation,}

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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.(l) that registration so done is subject to outcome of SLp (Civil) No.19695 of 2021 filed 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 2021. To thar effect, an endorsement shall be made on the reverse side of the first / second page oF the document and also in the encu mbra nce 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/-K.ONESIM ASSISTANT REGISTR R

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//TRUE COPY//

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SECTION OFFICER

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To, 1 The Principal Secretary, Revenue (Stamps and Registration ) Department, Secretariat, State of Telangana, Hyderabad.

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2 THE COMIVISSIONER AND INSPECTOR GENERAL OF REGISTRATIONS AND STAMPS, State of Telangana, Hyderabad.

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.._---

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THE SUB-REGISTRAF I $ ii^{; i;,;,1,il{;!ffi} iH:::[:T3[33j',., REVENUE : ryrTff::8iii'iiilbJn"t"';[e^{state orreransanaat} o. two CD Copies 7. One Spare Copy TR BS .w

=__-.-

HIGH COURT

DATED:2210212022

ORDER

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WP.No.4967^{of 2022}

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DISPOSING^{OF THE WRIT PETITION} WITHOUT^COSTS

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Gonela Yellaiah v. the State of Telangana

Case brief

What is this about?

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Gonela Yellaiah v. the State of Telangana

Case brief

What is this about?

What did the court decide?

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