G. Kirshna Reddy vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA (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: 4854 oF 2022 Between: 1.

G.

Kirshna Reddy, Sio.

Kondal Reddy ASq 5-5. years' Occ Busine-ss' R/o' 6r;;i;;;lly fViVioisiriguita Mandal vacldri Bhuvanisiri/Nalgonda Dist' 2.

P.

Ramesh, S/o, Ramulu, Age 59 years,.Occ Busienss R/o Gundlapally (V)' - Vaaagirigutta Mandal Yadadii Bhuva nigiri/Na lgo nda Dist' 3. lvl.Komaraiah, S/o.

Ir,4allaiah, Age 50 years, Occ Business' R/o' Gundlapally " iVj,VrOrgirigutla Mandal YadadriBhuvanigiri/Nalgonda Dist' 4.

Kondur Chandra Shakar, Sio.

Narsaiah' Age-40 years' Occ Business R/o' - a;;;iip;iV iVi, viaasiritlrltal\/andal YadadJi Bhuvanisiri/ Nalgonda Dist ...PETITIONERS AND The State of Telangana, Rep by its Principal Secretary (Stamps ?nq n""si!ilr:i; o"ririirn""il, Sbcr'etJriat, BRKa artavan, Tank bund' Hvderabad' The Commissioner and lnspector General of Registration and Stamps' lt'4 J' Ivlarket, Hyderabad, Telangana State.

The Sub-Registrar, Yadagirigutta Yadadri Bhuvanagiri/ Nalgonda District .,.RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an appropriate Writ, order or direction more particularly one in the nature writ of Mandamus, declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deed presented by the Petitioner in respect of Plot bearing No.14, 18, 19, 20, 28, 29, 30, 38, 46' 47' 48' 49' 50' 71' 72, 73, 74,75, 85, 87, 92, 93, 94, 95, 96, 97, 98, 99, 100, 105,',108, 109' 11o', 111, 112, 113, 114,'1 15, 116' 117, 118, 119' 120, 121 and 122 in Survev No.154, 155 and 156 as per sale deeds' total land admeasuring to an extent of Ac.92OO Sq. c.92OO Sq.yards situated at Gundlapally village, Yadagirigutta Mandal' Yadadri 1 2 3 Bhuvanagiri/Nalgonda District, on the Ground of Memo bearing No 'G21257 12019 dated 26.08.2020 issued by the 2nd respondent as illegal' arbitrary' without jurisdiction, contrary to the provisions of Registration Act-1908' and Violation of Articlel4ofConstitutionoflndia,andconsequentlydirectthe3rdRespondentto receive, register and release the sale deeds presented by the Petitioner without referencetoMemobearingNo.G2]2STl2}lgdated26.os.2o2oissuedbythe2nd respondent IAN O: 1 oF 2022 Petition under Section 151 CPC praying that in the circumstances stated intheaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto direct the respondent No.3 herein to receive' register and release the registered sale deeds presented by the Petitioner in respect of plot bearing Nos 14' 18' 19' 20, 28, 29,30, 38, 46, 47, 48, 49, 50' 71' 72' 73 74' 75', 85' 87 ' 92' 93', 94', 95', 96,97,98,99, 100, 105, 108, 109, 110, 111,112'113',114', 115', 116', 117',118' 119,120' 121 and 122 in Survey No.

154, 155 and 156 as per Sale deeds, total landadmeasuringtoanextentofAc.g200sq.yardssituatedatGundlapally village, YadagiriguttaMandal, Yadadri Bhuvanagiri/ Nalgonda District' without reference to lvlemo bearing No.G2t257l2O19 dated 26 '08 '2020 issued by the 2nd respondent Counsel for the Petitioner: SRI' PRAVEEN KUMAR VEERJALA Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER I THE HON'BLE SRI JUSTICE B.

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

It is submitted by the learned counsel on either side that subject matter of this wrlt petition is squarely covered by the common order passed by this Court in W.P.

No.328 of 2022 and batch dated t8.O2.2022 as modified by the order dated 22.O2.2022 in I.A.

No.2 of 2022 ln W.P.

No.2985 of 2O22 and batch, as such, this wrlt petition may be disposed of in terms thereof.

3. hereof.

3.

Therefore, following the common'order dated 78.O2.2022 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: (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.G2/257 /2019 dated 26.08.2020 and 29.72.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.4SlTPlNMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, WRIT PETITION No.4854 of 2022 2 in the 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 2021 filed by the State Government before the Hon'ble Supreme Court; and (iii) in case, lt 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 / cautioping the purchasers that risk is involved in purchase of such plots; such transactions aTe 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 2O21.

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, pending writ petition shall stand closed. nd closed. ,TRUE COPY// SDI T.JAYASREE ASSISTANT RE,GJ$TRAR secl#fllrrcen 1.

The Principal Secretary (Stamps and Registration Department), Secretariat' Siale of T"lrngunr, BRKR Bhavan, Tank bund, Hyderabad 2.

The commissioner and lnspector General of Registration and stamps, lvl,J.

Market, Hyderabad, Telangana State.

To, u/?r rsn SW 3.

The Sub-Registrar, Yadagirigutta Yadadri Bhuvanagiri/ Nalgonda District 4.

One CC to SRl.

PRAVEEN KUTUAR VEERJALA Advocate IOPUC] 5.

Two ccs to GP FOR Revenue ,Hlgh court for the state of Telangana. [oUT] 6.

Two CD Copies 7.

One Spare CoPY v HIGH COURT DATED:2210212022 ORDER WP.No.4854 of 2022 DtS POSL.*C OF'l'l lE \\'RlT PETITION WITI{OUT COSTS p) a