High Court disposed of two writ petitions regarding delay in registration of sale deeds without costs, adhering to prior pending orders on similar writs.
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 COURTFOR THE STATEOF TELANGANAAT HYDERABAD ' ' -.(Special Original Jurisdiction)
THURSDAY ,THETHIRDDAY OF NIARCH TWO THOUSANDAND TWENTY TWO
PRESENT
THE HONOURABLESRI JUSTICE B.VIJAYSENREDDY
WRITPETITIONNO 48 0F 2022
Between:
...PETlrloNER(S)
AND
Petition underArticle 226 o'f lhe Constitutionof lndiapraying that in the circumstancesstated in the affidavitfiledtherewith'the High Courtmaybe pleased to adjudicateuponthe Writ Petition' as prayed for' hereunder lssue a Writ or moreparticularly one in nature of Writ of l\ilandamusor anyother appropriateWrit or Orderor Orders declaringthe action of the RespondentNo 3 in not receivingthe documents, registering and releasingthe sale deeds presented
by this Petitioners in respectof Plot Nos. 99/A,99/8, 169, in survey nos. 258iE, 332, 339E, 343/E, and 345/E toan extentof land admeasuring 110.4Sq. yards, 129 Sq.yards, 447.5 Sq.yards, respectively, totalland admeasuring686.5 square yards, Situated atBrahmanpallyH/o.TorrurVillage.AbdullapurmetRevenue Mandal, Ranga Reddy District,under TurkayamjalIr,4unicipality,on the groundof Memo bearing No. G2125712019. dated26.08.2020and 29.12 2020, issued by the Respondent No.2 as beingarbitrary, vindictive, illegal, vidlativeof Articles14, 16 and 21 of the constitutionof lndia and against to the principlesof Natural Justice, and consequently direct theRespondentNo. 3 herein to receive, register and release the sale deedspresented by thePetitionerwithout referenceto the lvlemo bearing No. G2125712019,dated 26.08.2020and 29.12.2020,issued by the Respondent no.2.
lA NO: 1 OF 2022
Petition under Section'1 51 CPCpraying thatin lhecircumstances stated in the affidavit filed in support of thepetition,the High Court may be pleased to direct the Respondent No.3 herein to receive,regisler and releasethe sale deeds presented by the Petitioner in respect of Plot Nos. 99iA, 99/8, 169,in surveynos. 2581E, 332, 339E, 343/E. and 345/E to anextent of land admeasuring1 '10 Sq. yards,'129 Sq. yards, 447.5 Sq. yards, respectively, total Iand admeasuring 686.5 square yards, Situated at BrahmanpallyH/o. Torrur Village, Abdullapurmet Revenue l/andal, Ranga Reddy District, under TurkayamjalMunicipality,on the ground of lVlemo bearing No. G2125712019, dated 26.08.2A20 and 29.12.2020, issued by the Respondent No.2,pending disposal of the aboveWirt Petition.
Counsel for the Petitioner: SRl. RAJESH MADDY
Counsel for the Respondents: GP FOR REVENUE(STAMPS AND REGISTRATION) (TG)
The Court made the following: ORDER
I I ONO t-t ttA tlt.u s Rr .tus't't c t,t ti. ' I.L.\ t's Ia N Ii. E I)DY
Wltl'[ Pll'l'l'l'lON No.71{l O1, 2022
oRI)l)l 1r)trAL) :
IIeard both sides and perused thc nraterial on record.
i. 'l his Cor-rrt lrassed interinr rtt'dcr in this rvrit petition clirecting tlrc rcspondents to rcceive, l)roccss, register anclrelease the sub.ject docunrent/s. Howcver, conclitionsu'ere irnposedthat (a) thc pctitioneris isr'arc ttr-rt perntittccl to rlitlrcllalr'thc rvrit lretitioll and (b) registration shall be subject to llnal result ol thewrit petrtl()n
l
(A) If the subject document/s has/have already been rcgistcred and released pursuant to thc iulerirn order;
(i) thc docLrnrentis rcgistcre(l by the Sub-llc{ristrrr shall bc suhject t()()Llte()nrr' o1'sl.P (( i\il) \o.l()(r95 ol'l0ll fricd by tlre Statc Cr)\cntLl)cr)t trclirlc tltc Iltrrr'blc Suprtnre( orrrt: an(l
(ii) in casc, it is tbund that thcrc is anv violation ol' law Iike plots / lancls,/ structures lrcing sold lblm part o1- Ir.'1.L. and Bu tl'er Zonc / [)lots having less than J0 teet road rr'idth access, the Sub ltegistrar shail makc an cudorscntent infbrrning / cautioning the purchasers that lisk is involved in purchase ol' sucii plots; such transactions are hit by relevant statutory provisions; thal registration ol the same is sulrject to outcome of'orders of the Hon'ble Sutrtreme Court in SLP (Civil) No. 19695 of 2021. l'o that cl'fbct, an
endol'sement shall be rrade in the encumbrance record, website etc.
(R) Il'the subjcct docurtrent/s is/are not yet registcred and leleased pursuant to thc intcrim ordcr';
(i) tlrc responclent - Sub-Registrar is directed to register the clocument of sale, transtcr and gili etc., presented for registration by the petitioner/s rvithout ref-erence to tl.re Menro Nos. G2l257 120 1 9 datcd 26.08.202 0 and 29.1 2.2020 issuccl by thc resltondent - the Cornrnissioner and Insl)ector General ol Registration antl Starnps, Telangana; l-ettcr No.4-5/TP/NMC/2019 datod 01.11.2019 issued by the respondcnt - the Commissioner, Municipal Corpolation. Nizampet to flre respontlent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and sirnilar lelters, if any, issued by the various Municipal Conrnrissioners in the State ;
(ii) the Sub llegistrars in the State shall make an endorserlent at the reverse side of thc first page of the clocurrent rel'errcd in dircction No.(i) that registration so clor.rc is sub.jcct to outcomc o1- SLl'] (Civil) No. I969-5 of 2021 filcd b1, the Stalc Govenrlent belirlc the Ilon'ble Suplcrrte Coun: an(l
(iii) in case, it is lound tlrat there is any violation of law like plots / Iands / structures being sold forrn part
I
..1
of F.l'.L. and Buf'fer Zone / Plots having less than 30 fcet road width access, the Sub Registlar shall make an endorsement in fbrming / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration ol the same is subject to outcome of orders of the Hon'ble Suprerre Court in SLP (Civil) No.19695 ol'2021. To rhar e[]'cct. an enclorsement shall bc ntade uti tlte rcvclse sidc ol'tlrc tlrst ./ second page of the clocurrent antl also in the encurrrbnrrrec lecorrl. u elrsitc etc.
As a sequel thereto, ntisccllaneous petitions. i1'an1,. pencling
in this writ petition stand. closecl.
SD/.N.CHANDRA SEKHAR RAO ASSISTA T REGISTRAR
,TRUE COPY'
SECTION OFFICER
To, 1 The Principal Secretary Stamps and RegistrationDepartment State of Telangana, Secretariat Building, BRVK Bhavan,Tank Band, Hyderabad, Telangana State.
2 The Cbmmissioner and lnspector General ofRegistration andStamps. N4.J Market, Hyderabad, Telangana State. 3 The Sub Registrar Office, Vanasthalipuram,Ranga Reddy 4 One CC to SRl. RAJESH IVADDY, Advocate [OPUC] 5 Two CCs to GP FOR STAIVPS ANDREGISTRATION (TG) ,HighCourtfor the State of Telangana. [OUT]
HIGH COURT
DATED:03/0312022
\i
ORDER
WP.No.748 of 2022
DISPOSING OF THEWRIT PETITION WITHOUT COSTS
ad<br>.'--,\ f''q,{".,,.].
Sri Ayyappa Shilpi Real Estate / Sri A. Mahipal Reddy / Sri K. Ayyappa Reddy / Sri P. Sudharshan Reddy / Sri D. Dayanand Reddy
The State of Telangana
The Commissioner and Inspector General of Registration and Stamps
The Sub Registrar Office, Vanasthalipuram
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
