The High Court disposed of a writ petition challenging a registration memo without costs. It directed that documents be registered without the memo's reference but with an endorsement ca seeing purchasers of plots suspected of violating legal dimensions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICEB.VIJAYSENREDDY
WRIT PETITION NO: 563 OF 2022
Between:
K.Sita Ram Kumar S/o.Sri K.A.J.Varmaaged about 53 years, Occ Doctor, R/o.Flat No.102, Surya Residency, MadhuraNagar, Hyderabad.
...PETITIONERS
AND
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased toto issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents more particularly the 4th respondent in refusing to receive and register the documents presented by the petitioners in respect of land bearing land bearing plot No.5, admeasuring 847 sq. yards, under Sy.No.72516/A, situated at Shamshabad Village and Mandal, Ranga Reddy District, on the ground of Memo No.G2l2S7l2ojg dated.2610812020 issued by the 2nd respondent, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and set aside the same, and consequently direct the respondents 3 and 4 to register and release the documents presented by the petitioners in respect of subject plot without reference to the Memo No.G212571201 I dated.26108/2020 issued by the 2nd respondent.
lA NO: 1 OF 2022
Petition under Section 15i cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pteased to direct the respondents 3 and 4 to receive, register and release the documents presented by the petitioners in respect of land bearing plot No.5, admeasuring 847 sq. yards, under Sy.No.72516/4, situated at Shamshabad Village and Mandal, Ranga Reddy District, without reference to the Memo No.G2t257l2oj9
dated.26108/2020 issuedby the 2nd respondent, pendingdisposal of the writ petitron.
Gounsel for thePetitioners : SRl. MOHD MOIN AHMED QUADRI
Counsel for the Respondents: AGPFOR REVENUE
The Court made thefollowing : ORDER
}IONOURABLE SRIJUSTICEI}. \IIJAYSENITT']DDY \,RI'I PETI'TIO r- -r-<r.563Ob 2022
oRpER(ORAL):
Heard both sides andperused the rnaterial on record.
(A) Il the subject document/shas/havealready beerl registclctlantl released pursuant to the interimorder;
(i) the documenvs registeredby theSub-Registrar shall be subject to outcome of SLP(Civil) No.19695 of 2021 filed by the State Government beforethe Hon'ble SupremeCourt; and
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(ii) in case, it is found that there is anyviolationof law like plots/lands/structures belng soldform part of F.T L. and 'Buffer ZonelPlots having less than 30 feet road width access, the SubRegistrarshall make an endorsement
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informing/ca utioning the purchasers that risk is involved in purchase of such plots; such transactrons are hit by relevant statutory provisions, that registralion of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 oI 2021. To that effect, an endorsement shall be made in the encumbrance record, website etc.
(B) If the subject document/s is/are not yet registered and released llursuantto the interintorder;
(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 lr/emo Nos.G2l25712019 daled 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NI,1CI2019 dated 0'1.11.2019 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;
(ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the firstpage of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 202'1 flled by the State Government before the Hon'ble Supreme Court; and
(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 inform ing/cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that regiskation of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021 . To that effect, an endorsement shall be made on the reverse side of the firsusecondpage of the document and also in the encumbrance record, website etc.
As a sequel thereto, miscellaneous petitions, if any, pending in this
writ petition stand closed.
To,
,TRUE COPY'
SD/.T.KRISHNA KUMAR ASSISTANT REGISTRAR SECTI#ko..*
1 The Secretariat. State of Principal Secretarv. T6langana Revenue (Registration and Hydera"OiO.'- '""" Stamps) " Department,
2 +:tff#I trJ:::jfl^o tnspector, Generar of Resistrarion and Sramps,
SB
BS
HIGH COURT
DATED:0410312022
ORDER
WP.No.563 of 2022
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DISPOSING OF THE WRITPETITION WITHOUT COSTS.
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3 issues framed by the court
Whether the writ petition should be allowed to be disposed of in accordance with a common order affecting similar matters.
Whether the Sub-Registrar should be directed to register documents subject to outcome of pending Supreme Court proceedings.
Whether endorsements should be made cautioning purchasers regarding potential legal violations.
K. Sita Ram Kumar and Others
State of Telangana rep. by its Principal Secretary
Commissioner and Inspector General of Registration and Stamps, Telangana
District Registrar, Revenue (Registration and Stamps) Department, Ranga Reddy
Sub Registrar, Revenue (Registration and Stamps) Department, SRO, Shamshabad
B. VIJAYSENNREDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
