Partly allowed

Smt. Konduru Padma v. The State of Telangana

Telangana HC22 Feb 2022WP/6539/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the refusal to register sale deeds. Relying on a common order, the Court directed the Sub-Registrar to register the documents but with specific endorsements regarding pending Supreme Court appeals and potential legal risks.

What did the court decide?

Directing the Sub-Registrar to register the sale deeds with specific cautionary endorsements regarding the outcome of SLP (Civil) No.19695 of 2021.

Smt. Konduru Padma 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 N O: 6539 OF 2022

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Betwee n:

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I Smt. Konduru Padma, W/o. Late K. Gopal, Aged about 63 years, Occ: Household, R/o. lVlG-448, Sowbhagya ResidencylRoad No.2, Ne'ar Sai Baba Temple KPHB Colony, Kukatpally, Hyderabad -500 072.

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2 Smt. Konduru Anitha, W/o. Cheguri Prabhakar Aged about 38 years, Occ. Housewife R/o. H. No.5-5-36/1 , Prakasam Nagar Near Bhaskara Residency Palace Kukatpally, Hyderabad -500 072.

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...PETITIONERS

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AND

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

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,) The Commissioner and lnspector General of Stamps and Registration, Mojamjahi tr/arket, Hydera6ad

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? The Sub-Registrar, Achampet, Nagarkurnool District Erstwhile Mahabubnagar District

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...RESPONDENTS

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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 to issue a writ, order or direction more particularly one in the nature of WRIT OF X/ANDAIVUS declaring the action of 3rd respondent in refusing to receive, register and release the sale deeds presented by the purchasers from us in respect of plots carved out of the open land admeasuring an extent of Ac.2-30 Gts., in Sy.No.343/AA situated in the limits Achampet Village and Mandal, Nagarkurnool District, erstwhile Mahabubnagar District pursuant to the Memo Nos.G2l25712019 dated 2610812020 and 2911212020 issued by the 2nd respondent under the prohibition of registration of unauthorized plots and buildings in respect of open Plot Nos. 1,2, 3, 4,5, 6, 7, B, S,^'1 0, 1 1, 12, 13, 14, 15, 16, 17, 18, 19,20, 21 , 22, 23,24,25,26,27,28,29,30, 31, 32, 33, 34, 37, 38, 39, 40, 41 , 42, 43, 44,

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45,46,47'^{48,49, 50' 51} '^{52' 53' 54' 55 and 56 in the said layout as illegal'} arbitrary,^{without jurisdiction' contraryto the provision of Registration Act' 1908} and violation^{of principles of natural iustice and also in violationof Article 14 of} Constitution^{of lndia}

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NO: 1 OF 2022

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petition under Section^{151 cpc praying that in the circumstances statedin} the atfidavit^{fired in supportof the petition,the High court may be pleasedto give} interim^{direction to the 3rd respondentto forthwithreceive' register and release} the sale^{deeds presentedby purchasers from the petitionersin respect of Plot} Nos. 1,2,3,4,5,6,7,8'^{9"10'11'12'13'14"15'16' 17' 18' 19' 20'21 '22'23'} 24, 25,^{26, 27, 28, 29, 30' 31' 32', 33', 34', 37',38',39', 40' 41', 42', 43', 44', 45', 46' 47',} 48,49,50,^{51,52, 53, 54' 55 and 56 carved out in the said layout of the land} admeasuring^{an extent of Ac.2-30Gts ' in Sy No'343/AA situatedin the limits} Achampet^{Village and Mandal'NagarkurnoolDistrict' erstwhileMahabubnagar} District^{without referenceto the Memo No'G2125712019dated26tO8l2O2O and} 2gt12l2[2|^{issuedby the 2nd respondent' pending disposalof the aboveWrit} Petition.

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Counsel^{for the Petitioners: SRI' G' NARENDER REDDY}

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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,6539 of 2O22

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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.328 of 2O2Z and batch dated L8.02.2022 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, as such, this writ petition may be disposed of in terms thereof.

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Therefore, following the common order dated L9.02.2022 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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(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 / 2il,9 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.4slTPlNMC/2079 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation,

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)

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Nizampet to the^{respondent-the Sub Reglstrar,} Quthbullapur,^{Ranga Reddy District, andsimilar} 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^{SupremeCourt;and}

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(iii) in case, it is found that there is any violation^of law like plots / lands / structures being^{sold formpart} 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 Courtin} SLP (Civil) No.19695 of 2021. To that^effect, an endorsement shall be made on the reverse^{side of} the first / second^page of the document and alsoⁱⁿ the encu mbrance record, website etc.