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M/S.S.S.Builders vs. State Of Telangana

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WP/37570/2021HC TelanganaGSTCNR HBHC01058150202110 March 2022Bench: B.VIJAYSEN REDDY6 pages
For Petitioner: SRl. SRIKANTH HARIHARAN

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Cause title — parties, addresses and appearances
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 37570 OF 2021 Between: AND ...RESPONDENTS 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 in the nature of Writ of lvlandamus declaring the impugned order dated 27 -12-2021 passed by the Second Respondent in Appeal No.07 of 2021 confirming the lntimation of Refusal vide Lr.No. P.N o.57 12021 IREFUSAL/SRO-IVARREDPALLY/ 2021 dated 27-11-2021 by the Third Respondent herein refusing to register the sale deed dated 23-6-2021 (kept pending no.57 of 2021) executed between the Petitioners and his vendors in respect of their 1/4th undivided share in parcel of land in Sy.No. 123 in Ward No.12, and Block No.13 to an extent of 500 sq.yards out of 2000 sq.yards situate in Lalaguda village, Secunderabad Mandal, Hyderabad District, as being arbitrary, illegal and contrary to the provisions of Article 14, 19 and 300-4 of Constitution of India and consequently direct the Third Respondent / lV/s.S.S. Builders, a Registered partnership firm Rep. by its Partner S.lndrasena Reddy, S/o.Late S.Bal Reddy, aged about 62 years, Occ. Business R/o.H.No.12-13-1085172, Sri Shiridi Sai Nagar, Tarnaka, Secunderabad-50001 7. ...PETITIONER 1. State of Telangana, Rep. by its Principal Secretary (Revenue, Stamps and Registration Dept.) Secretariat, Hyderabad 2. District Registrar and Appellate Authority, Under Section 72 oI the Registration Act 1908, Red Hills, Hyderabad 3. The Sub-Registrar, Marredpally, Secunderabad. to forthwith regis;ter and release the sale deed dated 23-6-2021 (pending registration 57 of ',2021) to the Petitioner. lA NO: 1 OF 2021 Petition uncler Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Third R,-.spondent to forthwith register and release the sale deed dated 23-6-2021 (pendirrg registration vide No. 57 ol 2021), pending disposal of the above writ petitior. . Counsel for the Petitioner :SRl. SRIKANTH HARIHARAN Counsel for the FLespondents: GP FOR STAMPS AND REGISTRATION

The Court made the following: ORDER

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.37570 0F 2021 oRpER (ORAL): Heard both sides and perused the material on record.

2.

It is submitted by the leamed 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 rnodified by the order dated22.02.2022 in LA.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 may be disposed of in terms thereof.

3.

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

4.

In view of the above, recording the aforesaid submission of the leamed counsel on either side, 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.2985 of 2022, in terms thereof, this writ petition is disposed of as under, without any order as to costs: (A) If the subject documenVs has/trave already been registered and released pursuant to the interim order; (i) the documenvs registered by the Sub-Regislrar shall be subject to outcome of SLP (Civil) No.19695 ol 2021 filed by the State Government before the Hon'ble Supreme Court; and (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 I \

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 subiect 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 in the encumbrance record, website etc. (B) If thr: subject document/s is/are not yet registered and released pursuant to the interim order: (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 29.12.2020 issued by the respondenfthe Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.1 1.2019 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 first page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 202'1 filed 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 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 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. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed. //' .L.SIVA PARVATHI ASSISTANT REGISTRAR (4t SECTION OFFICER t l:i,ru[iiy3::t%",13[l[TSvenue' stamps and Resistration Dept ' state or ' *E B,i: ffi ii""Y' igSt :H:ifiiiJl il"rf.lT;iitv' U nd e r S e cti o n 7 2 0f the To,

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3.

The Sub-Registrar, Marredpally, Secunderabad.

4.

One CC to SRl. SRIKANTH HARIHARAN Advocate tOpUCl

5.

Two CCs to GP FOR STAIVPS AND REGTSTRATTON , High Court for the State of Telangana.At Hyderabad [OU!

6.

Two CD COPIES /. One Spare Copy il

HIGH COUFIT DATED: 1010312022 ORDER WP.No.37570 of 2021 DISPOSSIhIG OF THE WRIT PETITION WITHOUT COSTS /N lr \ ) .a D t' () O i-) [ 3 AUE 2022 .l) ;'a 1 Clz I t v ffiG\

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.