Dismissed

Sama Surendar Reddy v. State of Telangana

Telangana HC22 Feb 2022WP/5410/2022

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition seeking mandatory registration of sale deeds. The Court directed the Sub-Registrar to register documents ignoring administrative Memos but imposed a condition requiring a caution endorsement on the registration regarding pending Supreme Court litigation and potential statutory violations like F.T.L. encroachment.

What did the court decide?

Directed the Sub-Registrar to register the sale deed without reference to restrictive Memos, subject to a caution endorsement regarding pending Supreme Court litigation and potential F.T.L. violations

Sama Surendar Reddy Vs State of Telangana — Land Acquisition | 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 HON'BLE^{SRI JUSTICE B.VIJAYSENREDDY}

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WRIT PETITION^{NO:5 410 0F 2022}

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Betwee n:

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Aged 40 Years, Sama Surendar^{Reddy, S/o SamaVenkatReddy} 6;;-br;;',ilnlo^{o.t\d a-es,Nomula,Nalonsda District} ...PETITIONER

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AND

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1 State of Telanqana,^{rep by its Pnncipal Secretary,Revenue (Stampsand} Reoistration ) department,^{Secretariat, HyderaDao'} 2 if;E'6li.n-i3.i"|.i*^{l"O riirpultorGenerilof Registration and Stamps.} Telanoana. HYderabad 3 i;;S"";- R"glstrar,^{Nakrekal,Nalgonda District} ...RESpoNDENTS

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Petition under^{Article 226 ol lhe Constitutionof lndiapraying that in the} circumstances^{stated in the affidavitfiled therewith' the High Court may be} pleased to issue any^{writ, order or direction more particularly one in the nature} of writ of^{Mandamusdeclaring the action of the 3rd respondentin not} entertainingpetitionerssaletransactionsforregistrationonthebasisofMemo No,G2t2571201 9^{issuedby the 2ndrespondentaS illegal'arbitrary} and in violation of^{orderspassedin WP No 9248 oI 2021 daled23'8 2021} and to consequently^{direct the 3rd respondent to receive' register and release the sale} deed^{pertainingto Plot Nos} '1 to I in Sy.No.2Bl3/ 1' lnpamula Village,^Kethepally l\4andal Nalgonda^District notwithstanding^{the tVlemoissued by the 2nd} respondent.

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IA NO: 10^{F 2022}

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Petition under Section^{151 CPC praying that in the circumstancesstated} intheaffidavitfiledinsupportofthepetition'theHighCourtmaybepleasedto directthe3rdrespondenttoreceive,registerandreleasesaledeedsofthe petitioners in respect^{of Plot Nos lto Iin SY'No 28i3l1} '^{lnpamula Village'}

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Kethepally [Viandal Nalgonda District without reference to l/emo No.G2125712019 issued by the 2nd respondent pending disposal of the Writ Petition.

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Counsel for the Petitioner : SRI V. V. SATISH Counsel for the Respondents: AGP FOR REVENUE

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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.541O 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 covered by the common order passed by this Court in W.P. No.32B of 2022 and batch dated 78.02.2022 as modified by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P. No.29B5 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

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Therefore, following 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.29B5 of 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 f4emo Nos.G2/25712079 dated 26.O8.2020 and 29.!2.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation,

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Nizampet to the respondent^- the Sub^Registrar, Quthbullapur,^{Ranga Reddy District, and simllar} 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 2027 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 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 transactlons are hit by relevant^statutory provisions; that registration of the same is subject to outcome of orders of the Hon'ble^{Supreme Courtin} SLP (Civil) No.19695 of 2O21, To that^effect, an endorsement shall be made on the^{reverse side of} the first / second^page of the document^{and also in the} encu mbrance 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^REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To, 1 The Princioal Secretary^{Revenue (Stampsand Registration) Department'} State of Telangana,^{S'ecretariat. Hyderabad}

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2 i;;"C;r;i;;i"oner and^{lnspector General of Registration and Stamps'} Telangana, Hyderabad.

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(bt'

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3 The Sub- Registrar, Nakrekal, Nalgonda District 4 One CC to Sri V. V. Satish, Advocate [OPUC] 5 Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] o. Two CD Copies 7. One are Copy Srl I]S

HIGH COURT

DATED:2210212022

ORDER

WP.No.5410^{ol 2022}

DISPOSING^{OF THE WP} WITHOUT^COSTS

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