Dismissed

N.Goverdhan Reddy v. State of Telangana, And 3 Others

Telangana HC4 Mar 2022WP/503/2022

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking direction to register land documents. The court directed the Sub-Registrar to register documents without reference to specific memos, subject to Supreme Court proceedings, and ordered endorserments cautioning buyers of potential legal risks.

What did the court decide?

Directed Sub-Registrar to register documents without reference to specific memos; registration subject to Supreme Court outcome; mandatory warning endorsement required for plots violating statutory pr

N.Goverdhan Reddy Vs State of Telangana, And 3 Others — Property and Title | Telangana HC (2022)

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HIGH COURT^{FOR THE STATEOF TELANGANA} - - (dp""ial Original Jurisdiction)

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FRIDAY,^{THE FOURTHDAYOF MARCH} rWO THOUSAND^{ANDTWENTY TWO}

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PRESENT

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THE HONOURABLE^{SRIJUSTICEB'VIJAYSENREDDY}

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WRIT PE^{TITIONNO: 503 o F 2022}

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Between:

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years, N Goverdhan B"d9Y,. .^{t1",!i5l*l\y"1,l'["ft",f} i' SE:s .r?:i "l# by his Occ.Business,^{FJoH,No S-} by its reod. DAGPA^{HolderIVI/S:P;iti" 'i;ai;tvlhnsionsPvt Ltd'' Rep} ifi BX,^g"' "3^{6i i""to in ot, i r-r'iL"mEa is s /o' LateA bd u I F a izBai g'}

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...PETITIONER

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AND

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1 State of^{Telangana,Rep.by its Principal Secretary' Revenue (Registration} I"?"sijrp.l^{rjeprrtment, Secretariat' Hyderabad'}

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2 The Commissioner,^{and lnspector General of Registration and Stamps'} Telangana,^HYderabad'

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The District^{Registrar, Revenue (Registration and Stamps) Department'} Hyderabad^District.

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4 The Sub Reqistrar,^{Revenue (Registration and Stamps) Department' SRO'} Azampura,^{HYderabadDistrict'}

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,..RESPONDENTS

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Petition under^{Article 226 of lhe Constitution of lndia prayingthat in the} circumstances^{statedin the affidavit filedtherewith'the High Courtmay be} pleased to issue^{a writ, order or direction more particularlyone in the nature of} Writ of Mandamus^{declaringthe action of the respondents more particularlythe} 4th respondent^{in refusingto receive and registerthe documents presentedby} the^{petitioner in respectof land bearingPlot Nos'D-52' D-53' D-54' D-55'D-56'} D-57,D-58,A-20,A-50and4-6g,totaladmeasuringl4g8sqyards'under Sy.Nos.103/17,^{103/18 and 103/19, situated at BandlagudaKhalsa' Hyderabad'} onthegroundofMemoNo.G2l2STt2olgdated.26l08/2020issuedbythe2nd respondent,asillegal,arbitrary'unjust'unconstitutional'violationofprinciplesof naturaljusticeandalsocontrarytotheprovisionsofRegistrationAct'1908'and

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set aside^{the same, and consequenfly directthe respondents3 and 4 to register} and rerease^{the documents presentedby the petitioner in respect of subjectplots} withoutreferencetotheMemoNo.G2]2STl2Olgdated'26/08/2020issuedbythe 2nd resPondent.

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IA o: 10F 2022

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Petition^{under Section 151 CPC prayingthat in the circumstances stated} in the affidavit^{filed in suppofi of the petition'the HighCourt may be pleasedto} direct the^{respondents3 and 4 to receive' register and release the documents} presented by the^{petitionerin respect of land bearing Plot Nos'D-52' D-53'D-54'} D-55, D-56,^{D-57, D-58, A-20, A-50 and A-69' total admeasuring 1498 sq yards'} under Sy.Nos^{.1O3t17, 103/18and '103/19' situatedat BandlagudaKhalsa'} Hyderabad,^{withoutreference to the MemoNo 'G2125712019dated26108/2020} issued by^{thi: 2ndrespondent,pending disposalof the writ petition'}

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Counsel^{for the Petitioner:SRI MOHD MOIN AHMED OUADRI}

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Counsel^{for the Respondents:AGPFOR REVENUE}

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The Court^{made the following:OROER}

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\ I

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HONOURABLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION No.503 OF 2022

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oRpER (ORAL):

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Heard both sides and perused the n-raterial 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 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 tenns thereof.

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This Court passed interim order in this writ petition directing the respondcnts to receive, process, register and release the subject documenVs. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition.

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In view of the above, recording the aforesaid submission of the learned counsel on either side, lollowing 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 I.A.No.2 of 2022 in W.P.No.2985 of 2022, in terms thereof, this writ petition is disposed of as under, without any order as to COSTS:

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(A) If the subject document/s has/have already been registered and released pursuant to the interim order;

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(i) the documenVs registered by the Sub-Registrar shall be 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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(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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inform ing/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 oulcome 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 document/s is/are not yet registered and releasecl pursuant to the interiln 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 dated 26.08.2020 and 29j22020 issued by the respondent-the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent-the Commissioner, Municipal Corporation, 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.(i) that registration so done is subject to outcome of SLp (Civil) No.19695 of 2O2t 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 hrt by relevant statutory provrsions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLp (Civil) No.19695 ol 2021 . To that effect, an endorsement shall be made on the reverse side of the firsUsecond 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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writ petition stand closed.

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SD/. I. NAGA^LAKSHMI ASSISTANT^REGISTRAR 6b //TRUE^COPY// SECTION^OFFICER

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'o'',^{. ,n" Principal Secrete}

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,?f; Ets.",il::lsi""a#J'fi^{sH#iffi'jjifl} 'rus;,hF"iil::'s'iamps -' Telangana, HYderabad'

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Revenue (Registration and Stamps) Department,

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I?8"',:'J:!t fi:fli:l:t

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The Sub Reqistrar, Revenue (Registration and Stamps) Department, SRO, _^{Azampura. Hyderabad} Districi.

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b. One CC to Srilr,4ohdlVoin Ahmed euadri, Advocate [OpUC]

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Two CCs to Gp forRevenue,High C*,t ?"itr,""tiit!;ri"bnguna. [oUT] 7. Two CD Copies

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One Spare Copy

GJ
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HIGH^COURT

DATED:0410312022

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ORDER

66 sTATE
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WP.No.SO3^o12022

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DISPOSING OF THE^{WRIT PETITION} WITHOUT COSTS

N.Goverdhan Reddy v. State of Telangana, And 3 Others

Case brief

What is this about?

What did the court decide?

N.Goverdhan Reddy v. State of Telangana, And 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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