Smt. Maneti Bhavani and another 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 THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY Between: Smt.

Maneti Bhavani, W/o.

M.Sukender, Aged about 33 years, Occ.

Business, Both are F/o.

H.No.2-4-12-1, Gandhi Nagar, Uppal Village and lVlandal, Medchal-Malkajgiri District.

Sri.

Maneti Sukender, S/o.

M.Gangadar, Aged about 37 years, Occ.

Business, Both are R/o.

H.No.2-4-12-1 , Gandhi Nagar, Uppal Village and Mandal, Medchat-t\/atkajgiri District. ...pETt,oNERS AND 1.

The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad.

2.

The Commissioner and Inspector General of Registration and Stamps, Telangana State at Hyderabad.

3.

The Sub-Registrar, Uppal, Medchal- Malkajgiri District. ...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 a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, by declaring the action of the release the sale deed presented by the Petitioners in respect of Semi Finished House on Plot No.

99 North Part, in Sy.Nos.

68 to 75, admeasuring 113 Sq.Yds., or 94.46 Sq.Mtrs.' consisting Ground Floor plinth area 590 Sft., and First Floor plinth area 590 Sft.' Slab and Pillar Levels, Situated at Block No.4, Swaroopnaaar.

Balaji Enclave, Uppal Khalsa Village, Under GHMC, Uppal Circle-2, Uppal Mandal, Medchal- Malkajgiri District, Telangana State, on the basis of Memo No.G2125712019' issued by the 2nd respondent as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article 14 of Constitution of lndian and consequently to direct the 3rd respondent to receive, register and release the sale deed presented by the Petitioners in respect of ab pect of above said property, notwithstanding the Memo No.G2125712019' issued by the 2nd respondent.

1 2 PRESENT WRIT PETITION NO: 3371 OF 2022 lA NO: 1 OF 2022 Petition und,,r Section 151 CPC praying that in the circumstances stated in the affidavit filec in support of the petition, the High Court may be pleased to direct the 3rd rer pondent to receive, register and release the sale deed presented by the F 3titioners in respect of the Semi Finished House on Plot No.

99 North Part, in S'.Nos.68 to 75, admeasuring 113 Sq.Yds., or94.46 Sq.tr,4trs., consisting Ground rloor plinth area 590 Sft., and First Floor plinth area 590 Sft., Slab and Pillar Ler sls, Situated at Block No.

4, Swaroopnagar, Balaji Enclave, Uppal Khalsa Villa le, Under GHMC, Uppal Circle-2, Uppal Mandal, Medchal- Malkajgiri District T:langana State, without reference to Memo No.G2125712019, issued by the 2nd r,,spondent, during the pendency of the above writ petition.

Counsel for the Pel itioner : SRI METTU SHANKAR Counsel for the Re:,pondents: AGP FOR REVENUE GP FOR STAMPS AND REGISTRATION The Court made thr following: ORDER THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.3371 of 2022 Heard both sides and perused the material on record.

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.32B of 2022 and batch dated 18.02.2022 as modified by the order dated 22.02.2022 in I.A.

No.2 of 2022 in W.P.

No.29B5 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

Therefore, following the common order dated 18.02.2022 in W.P.

No.32B 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 gift etc. 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.45lTPlNMC/2019 dated 01.11.2019 issued by the respondent - the Commission,er, Municipal Corporation, / ORDER: 2 Nizampet .o the respondent - the Sub Registrar, Quthbullap rr, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissio lers in the State; (ii) the St b Registrars in the State shall make an endorseme lt at the reverse side of the first page of the docutrent referred in direction No'(i) that registratior so done is subject to outcome of SLP (Civil) Nc ,19695 of 2021 filed by the State Governmet t before the Hon'ble Supreme Court; and (iii) in cas:, it is found that there is any violation of law like pl< ts / lands / structures being sold form part of F.T.L. a rd Buffer Zone / Plots having less than 30 feet road 'ridth access, the Sub Registrar shall make an endorst ment informing / cautioning the purchasers that risk is involved in purchase of such plots; such tran iactions are hit by relevant statutory provisions; that registration of the same is subject to outcome c' orders of the Hon'ble Supreme Court in SLP (Civil No.19695 of 202L.

To that eFfect, an endors( ment shall be made on the reverse side of the first / : econd page of the document and also in the encumbrar ce record, website etc.

As a sequt I thereto, miscellaneous petitions, if any, pending in the writ petitio I shall stand closed. ,TRUE COPY// Sd/- K.

ONESIM ASSISTANT REGISTRAR e-- SECTION OFFICER 1.

The Principal Secr( tary, Revenue (Registration and Stamps) Department, State of Telangana Secretariat Building, Hyderabad.

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

The Sub-Registrar, Uppal, Medchal- Malkajgiri District.

4. strict.

4.

One CC to Sri lvlett r Shankar, Advocate [OPUC] 5.

Two CCs to GP for Stamps and Registration, High Court for the State of Telangana at Hyde abad. [OUT] 6.

Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OU I 7 Two CD Conies To, HIGH COURT BVRJ DATED:2210212022 ORDER WP.No.3371 ol 20'.2 DISPOSING OF T IE WP WITHOUT COSTS llirl 2[2 a O I i1 .or t>t n' )t., ^\vt" '\{,- a