E. Ram Reddy vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERAB,AD (Special Original Jurisdiction) PRESENT THE HONOURABLE SRIJUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 3405 OF 2022 1 Sri Aakula Venkatesh, S/o Akula Narsimhulu, Aged about 44 years, Occ.

Business, R/o H.No.6-1 18, Near Amba Temple, Achampet, 'Achampet, Mahboobnagar- 509 375 Aadhar No.

3584 1714 2831 .

Gopisetty Narsimtra !ao, Q/o Gopisetty Kondiaha, Aged about 69 years, Occ, Business, Rlo 4-76, Post Office, Achampet, Achampet, Mahaboobhagar- 509 375.

Aadhar No.

4983 04BB 0462.

2 AND 1 ...PETTTTONER(S) The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad.

The Sub-Registrar, Achampet, IVlahaboobnagar District. a .7 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.

3 in refusing to receive register and release the sale deed presented by the Petitioner No.1's Open Plot Nos.

1 to '1 51 in Sy.No.

219lRU, adm., Ac.

1.1300 Gts., in Sy.No.219lRRU, adm., Ac.

1-1200 Gts., in Sy.No.

219lUUl1, adm., Ac.0-27 Gts., total admeasuring Ac.

3-1200 Gts., and the Petitioner No.2's Open Plots in Sy.No.

219lEE, adm., Ac.

1-1300 Gts., in Sy.No.

219lUUl2, Adm., 0-2600 Gts., in Sy.No.2'19lUU, adm., Ac.1.1300 Gts., in Sy.No.

2211AA114, adm., Ac 0-2000 Gts., total admeasuring Ac.

3-3300 Gts., Situated at Achampet Village and Mandal, Nagarkurnool, [Mahaboobnagar District, in pursuant to the MEMO No.

TUESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO Betwee n: lA NO: 'l OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in s rpport of the petition, the High Court may be urt may be pleased to direct the Respondent No.

I to receive register and release the Sale Deed/s Presented by the Petitioner Nr.1s Open Plot Nos.

1 to 151 in Sy.No.

219/RU, adm., Ac.

1.'l 300 Gts., in Sy..lo.

21glRRU, adm., Ac. '1-1200 Gts., in Sv.No.

219lUUl1, adm., Ac.

0-27 Gts., total admeasuring Ac.

3-1200 Gts., and the Pelitioner No,2's Open Plots in Sy.No 219lEE, adm., Ac.

1-1300 Gts., in Sy.No.219lUUl2, Adm.,0- 2600 Gts., in Sy.No. i19/UU, adm., Ac.1.1300 Gts., in Sy.No.

2211AA114, adm., Ac 0-2000 Gts., total ac neasuring Ac.

3-3300 Gts., Situated at Achampet Village and Mandal, Nagarkurno rl, Mahaboobnagar District, without reference to Letter MEN/O No.

G2125712019, < ated.

2610812020, issued by the Office of the Respondent No.2, pending dispo al, of the above Writ Petition.

Gounsel for the Pet tioner(s): SRI PRAKASHCHAKRAVARTHY Counsel for the Res pondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER G2125712019, dated 2610812020, issued by the Office of the Respondent No.2, under Prohibition of registration of unauthorized plots and buildings against the Petitioners land, as arbitrary, illegal, without any jurisdiction contrary to the Provisions of the Re, ristration Act '1908 and in violation of Article 1.1 of Constitution of India and conseq rently direct the Respondents No.3 herein to receive register and release the sal, deed presented by the Petitioners in respect of their land, without reference to etter tt/EMO No.

G2125712019, daied.2610812020, issued by the Office of the Res )ondent No.2.

THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION No.3405 of 2022 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 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 modified by the order dated 22.02.2022 in LA.

No.2 of 2022 in W.P.

22 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 t8.02.2O22 in W.P.

No.32B of 2022 and batch as modified by the order dated 22.02.2022 in I.A.

No.29B5 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 registratlon by the petitioner/s without reference to the Memo Nos.G2l257l2079 dated 26.08.2020 and 29.72.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNMC/2019 dated 01.11.2019 issued bv the respondent - the Commissioner, Municipal Corporation, ORDERT 1 in the Nizampe: to the respondent - the Sub Registrar, Quthbull rpur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commis ,ioners in the State; (ii) the Sub Registrars in the State shall make an endorse nent at the reverse side of the first page of the do:ument referred in direction No.(i) that registral ion so done is subject to outcome oF SLP (Civil) No.19695 of 2021 filed by the State Governr rent before the Hon'ble Supreme Court; and (iii) in r ase, 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 roa I width access, the Sub Registrar shall make an endc rsement informing / cautioning the purchasers that ris k is involved in purchase of such plots; such t ansactions are hit by relevant statutory provisio rs; that registration of the same is subject to outcom, ) of orders of the Hon'ble Supreme Court in SLP (C vil) No.19695 of 202L.

To that effect, an endr rsement shall be made on the reverse side of the first / second page of the document and also in the encumt rance record, website etc. bsite etc.

As a se;uel thereto, miscellaneous petitions, if any, pending writ pet tion shall stand closed. ,TRUE COPY// SD/.I.NAGALAKSHMI ASSISTANT REGISTRAR SECTIo{;oFFrcER 1 The Principal.S :crelary, Revenue Department, State of Telangana Secretariat, Hy lerabad. \ 2.

The Commissir ner and Telangana, Hy erabad To, lnspector General of Registration and Stamps, a 4.

A The Sub-Registrar, Achampet, IMahaboobnagar District.

One CC to SRt PRAKASHCHAKRAVARTHy Advocate [OpUC] lwo CC9 to GP FOR SrAN/pS AND^REG|STRAT|ON, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies.

One spare copy.

6.

7.

NPJ SW A-V) HIGH COURT DATED:221021i"022 ORDER WP.No.3405 <,f 2022 DISPOSING OF THE WRIT PETITION WITHOUT C )STS. .t tlE sTAre (' .t o t.) 0 7 t4le 2q2-2 ' ,1.' -- \