Smt. Nethala Venkata Bhargavi vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) I Li r FRIDAY, THE TWENTY FIFTHiDAY OF MARCH TWO THOUSAND AND T.WENTY TWO PRESENT . , THE HON'BLE SRI JUSTICE B, VIJAYSEN REDOY Between: AND 1.

2.

1 2 Smt.

Nethala Venkata Bhargavi, Wo Sri.

Tadi Kiran Kumar Aged about 41 Yrs, Occ.Employee R/o H .No.5-1-1141' Kothapeta Gannavaiam, Krishna District (A.P ) Sri. ruejttratj Veera Venakata Durgi Srinivas Rao, S/o Sri Nethala Nagabhushanam, Aged 38 Yrs Occ.

Employee, R/o Flat No.

102, Thirumala Enclave Sri Nagar Colony, Davagi Gudem Road, Gannavaram Krishna District (A P ) ..pErroNERs The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat Buildinqs, Hyderabad.

The Commissioner and lnspector, General Of Stamps and Registrations, Telangana State.

The District Registrar.

Hyd era bad.

The Sub- Registrar SRO, Kukatpally.

Hyderabad.

3 4 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 an appropriate writ, order or direction, more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in not receiving and register the sale Deed dated 0910212022 presented by the petitioner A"/endee in respect of the Residential Flat No.

402, lVth Floor, of NAGA ELITE with a built area of 1120 Sq.Ft (including common areas) and B0 Sq.Ft of Car-parking along with undivided share of land admeasuring 25.00 Sq. yards, (Out of total land 266.66 Square Yards), constructed on plot No.60 HlG, in Sy.Nos, g,12p, g13p, 941P,944P,945 to 962, 964p, Ssituated at phase-XV, KpHB Cotony, Kukatpally Kukatpally Mandal, IVledcha l-l\,4a lkajg iri District, T.S. and declare the same as illegal, arbitrary, without application of mind and contrary to the provisions of stamps and Registration Act and without jurisdiction as well as the violation of the fundamental rights guaranteed under the cons r the constitution of lndia. and consequenfly WRIT PETITION NO: 8682 OF 2022 .,.RESPONDENTS t;l direct the respondent No.4 to receive and register the petitioners Sare Deed dt t 09.02.2022 in favor of the petitioner for the above said Frat/Apartment .l lA NO: 1 OF 22 Petition under 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 respondent No.4 to Receive, Register and Release the Sale Deed dt 09.02.2022 in respect of Residential Flat No 402, lvth Floor, of NAGA ELtrE with a built area of 1120 sq.Ft (incruding common areas) and B0 sq.Ft of car parking along with undivided share of land admeasuring 25.00 sq. yards, (out of totar rand 266.66 Square Yards), constructed on plot No.60 HlG, in Sy.Nos,912p,9.l 3p, 941P' 944P,945 to g62, 964p, ssituated at phase-xv, KpHB corony, Kukatpaily Village, GHMC, Kukatpaily Mandar, Medchar-Markajgiri District, T.s. in favor of the petitioner pending disposal of writ petition Counsel for the Petitioner: SRI K.

NAGENDRA pRASAD Counsel for Respondents: AGp FOR REVENUE The Court made the following: ORDER I I i THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY ORDER Heard Doth sides and perused the material on record, 2.

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 18.O2.2022 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.

3.

Therefore, 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.2985 of 2022, in terms thereof, this writ petition is disposed of as under without any order as to costs: (i) The respondent - Sub-Registrar is directed to register the document of sale, transfer and g sfer and gift etc., presented for registration by the petitioner/s without reference to the 14emo Nos.G2l257 /2019 dated 26.08.2020 and 29,12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTP/NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, WRIT PETITION No.8682 of 2O22 I I Nizampet lo the respondent - the Sub Registrar' Quthbullapur, Ranga Reddy District' and similar letters, if any, issued by the various Municipal Commissioners in the State; (il) 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 2021" 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 Iike plots / lands / structures being sold form part 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 ls involved such transactions are in purchase of such Plots; hit bY relevant statuto rY provisions; that registration 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 first / second page of the document and also in the encumbrance record, website etc' As a sequel thereto, miscellaneous petitions' if any' pendinq in this writ Petitio n shall sta nd cloge!., SD/-T.TIR UMALA DEVI ASSISTANT REGIST R //TRUE COPY' SECTION OFFICER 'o',t The Principal Secretary' Revenue Department' State of Telangana Secretariat ' auiloings, 'HYd.erabad'o lnspector, General of Stamps and Registrations' 2 The Commisstoner z ' i.i"n'g;ni stut" l f -4_ L i' I I I I ll I I i: I 3 4 5 o 7 B The District Registrar, Hyderabad.

The Sub- Registrar SRO, Kukatpally, Hyderabad.

One CC to Sri K Nagendra Prasad Advocate IOPUC] Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT] Two CD Copies One Spare Copy BC IV L I I /l I ; HIGH COURT DATED: 2510312022 1 26 npn 202 * i_' ,: ORDER WP.No'8682 of 2022 DISPOSING OF THE WRIT PETITION I \ I WITHOUT GOSTS \i lr I I I