Chervumeedi Raghuveera Varma vs The State of Telangana and 2 Others

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 5933 oF 2022 Between: AND ...RESPONDENTS Petition under Article 226 ol 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 one in the nature writ of lvandamus, declaring the action of the 3rd respondent in refusing to receive, register and release the sale deeds presented by the petitioner in respect of Plot bearing Nos.26, 27,29,30, 31, 32, 33,34 and 35 in Sy.No.256/AA/AA situated at Jaklair shivar, Maktal Mandal, Narayanpet District basing on the Memo bearing No.G2125712019 dated 2610812020 and 29112t2o20 issued by the 2nd respondent as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Actl 908, and Violation of Article 14 of constitution of lndia and consequently direct the 3rd Respondent to receive, register and release the sale deeds presented by the Petitioners without reference to Memo bearing No.G2125712019 dated 2610812020 and 2911212020 rssued by the 2nd respondent.

2 Chervumee_di Raghuveera Varma, S/o_Rajamuri, Aged about 32 years, Occ .

Business, R/o.H.No.3/1 9, Tetugu Geri, Devarkidri wanOit, Ma'h;Hbn"ga; District. ...PETITIONER The.State of Telangana, Rep by its principal Secretary Stamps and Registration Department, Secr6tariat Buildings, ARXd Shavdn, Tank Bund, Hyderabad.

The, Commissioner and lnspector General of Registration and Stamps.

M.J.

N/larket, Hyderabad, Telangana State.

The Sub-Registrar, Narayanpet Mandal and District.

3 I IA NO: 1 0F 2022 Petition under section 1si cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may ue preaslolo olrect the respondent No. ondent No.3 herein to receive, regist-er and rerease the sare deeds presented by the Petitioner in respect of prot bearing Nos.26, 27, 29, 30, 31-, 32, 33, 34 and 35 in Sy.No.2s6lAA/AA situated at Jaklair shivar Maktai uanoat Narayanpet District, without reference to Memo bearing No.G2l2sz l2o19 dated 2610812020 and 29r12r2o20 issued by the 2nd respondeni, pending oi.po.rr oi tr.,," main Writ Petition, and to pass Counsel for the Petitioner: SRI T.RAJINIKANTH REDDy Counsel for the Respondents: AGp FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY ORDER Heard both sides and perused the material on record.

2.

It is. submitted by the learrred counsel on either side that subject matter of this writ pet.ition is squarely covered by the common order passed by this Court in W.P.

No.328 of 2022 and batch dated 78.02.2022 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 petitlon may be disposed of in terms thereof.

3, Therefore, following the conrmon order dated L8.02.2022 in W.P.

No.32B of 2C22 and batcl.r as nrodified by the order dated 22.02.2022 in LA.

No.2985 of 2022, in terms thereof, this writ petition is dispor;ed of as under without any order as to costs: (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 lvlemo Nos.G2/257 /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.45lTPlNMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, 14unicipal Corporation, WRIT PETITION No.5933 of 2022 I 2 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 shal 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 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 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 Court in SLP (Civil) No.19695 of 2027.

To that effect, an endorsement shall be made on the reverse side of the first / second page of the document and also in the encu mbrance record, website etc. in the writ petition shall stand closr-.d.

SD/.T,JAYASREE ASSISTANT REGISTRAR , NOT,E: That the Cause Title of Respondent No.

3 \ y.ni.l 1s rg@ as "The Sub-Registrar, Narayanpet I [t4andal and District" in the Order dated 22.02.2022in W.P.No.5933 of 2022 is corrected and substituted as "The Sub-Registrar, Makthal, Narayanpet District" as per the Orders of Hon'ble Court dated 31 .03.2022 in l.A.No.2 of 2022 in W.P.No.5933 of 2022.

This amended order shall substitute the eariier order which has already been dispatched on 28.03.2022 -\\.i" , As a sequel thereto, miscellaneous petitions, if any, pending J ..ri-.--- -'-..iryr-, SD/-T.JAYASREE ASSTSTANTJIEGtSTRAR l_[') SECTION OFFICER 1.

The Principal Secretary, Stamps and Registration Department, State of Telangana, - Secretariat Buildings, BRKR Bhavan, Tank Bund, Hyderabad.

The Commissioner and Inspector General of Registiation and Stamps, Ir,4.J. l\ilarket, Hyderabad, Telangana State.

3.

The Sub-Registrar, lVakthal, Narayankhed District.

4.

One CC to SRI T.RAJINIKANTH REDDY, Advocate IOPUC] 5.

IOPUC] 5.

Two CCs to the GP for Revenue, High Court for the State oi Telangana. [OUT] 6.

Two C.D.

Copies.

7.

One Spare Copy.

IVRC //TRUE COPYi/ To, S\V aJ" \ HIGH COURT DATEOi22lO2l2022 3110312022 AMENDED ORDER WP.No.5933 ot 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS J' 'i 2 * :iPil i:12 '.,' . .-:r' * {..', 1 \ ^,9 I //,. !'?

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