Facts of the Case

The petitioner approached the Telangana High Court under Article 226 of the Constitution seeking a writ of mandamus against the action of the Sub-Registrar in refusing to receive, register, and release the sale deed relating to Flat No. 401 situated at AAFREEN Residency, Khairatabad, Hyderabad.

The refusal was based on Memo No. G2/257/2019 dated 26.08.2020 issued by the Commissioner and Inspector General of Registration and Stamps.

The petitioner contended that the issue had already been decided by the High Court in W.P. No. 328 of 2022 & Batch, as modified by the order dated 22.02.2022 in W.P. No. 2985 of 2022 & Batch, and therefore the Sub-Registrar was bound to register the document without relying upon the impugned memo.

 Issues Involved

  1. Whether the Sub-Registrar can refuse registration of a sale deed solely on the basis of Memo No. G2/257/2019.
  2. Whether the controversy is governed by the earlier common judgment passed by the Telangana High Court.
  3. Whether the petitioner is entitled to registration of the sale deed without reference to the impugned memo.

 Petitioner's Arguments

  • The petitioner submitted that the refusal of registration was arbitrary and contrary to the earlier judgments of the Telangana High Court.
  • It was argued that the issue had already attained finality through the common order dated 18.02.2022 and its subsequent modification dated 22.02.2022.
  • Therefore, the respondents were legally bound to register the document without relying upon Memo No. G2/257/2019.

 Respondents' Arguments

  • The Government Pleader for Revenue appeared on behalf of the respondents.
  • Both parties submitted before the Court that the issue involved in the present writ petition was squarely covered by the earlier common order passed in W.P. No. 328 of 2022 & Batch, as modified by the subsequent order dated 22.02.2022.
  • Accordingly, the respondents did not dispute that the writ petition could be disposed of in terms of the earlier judgment.

 Court Order / Findings

The Telangana High Court held that the present writ petition is fully covered by the earlier common judgment passed in W.P. No. 328 of 2022 & Batch, as modified in W.P. No. 2985 of 2022 & Batch.

Accordingly, the Court disposed of the writ petition by directing:

  • The Sub-Registrar shall register documents relating to sale, transfer, gift, etc., presented by the petitioner without reference to Memo No. G2/257/2019 dated 26.08.2020 and similar communications.
  • Registration shall be made subject to the outcome of SLP (Civil) No. 19695 of 2021 pending before the Hon'ble Supreme Court.
  • The Sub-Registrar shall make an endorsement on the reverse side of the document indicating that registration is subject to the outcome of the said SLP.
  • Where violations relating to FTL, Buffer Zone, road width or other statutory provisions are noticed, appropriate cautionary endorsements shall also be made to inform purchasers regarding the legal risks involved.
  • No order as to costs.

 Important Clarification

  • Registration of documents cannot be refused merely on the basis of Memo No. G2/257/2019 where the issue is governed by the earlier High Court judgments.
  • Registration directed by the Court remains subject to the final outcome of SLP (Civil) No. 19695 of 2021 pending before the Hon'ble Supreme Court.
  • The judgment reiterates that Sub-Registrars must comply with the directions issued in the earlier common judgment while protecting purchasers through suitable endorsements wherever necessary.

Sections / Provisions Involved

  • Article 226 of the Constitution of India
  • Section 151 of the Code of Civil Procedure, 1908
  • Registration Act, 1908 (Relevant Provisions)
  • Memo No. G2/257/2019 dated 26.08.2020
  • Common Order in W.P. No. 328 of 2022 & Batch
  • Modified Order dated 22.02.2022 in I.A. No. 2 of 2022 in W.P. No. 2985 of 2022 & Batch

Reference to SLP (Civil) No. 19695 of 2021 before the Hon'ble Supreme Court

Important Case Laws Referred

  1. Qudsia Sarwari Razvi vs State of Telangana & Others
    • W.P. No. 19885 of 2022
    • Telangana High Court
    • Judgment dated 25.04.2022
  2. W.P. No. 328 of 2022 & Batch
    • Common Order dated 18.02.2022
  3. I.A. No. 2 of 2022 in W.P. No. 2985 of 2022 & Batch
    • Order dated 22.02.2022
  4. SLP (Civil) No. 19695 of 2021
    • Pending before the Hon'ble Supreme Court

Link to Download the Order:https://mytaxexpert.co.in/uploads/1783921904_4008compressed.pdf

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