Niligonda Balaparshramulu vs The State of Telangana

Between: 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 ..,RESPONDENTS Niligonda B_alagarshramul.y, Slg Venkataiah, Age.

33 years, occupation.

Agriculture, R/o Phanigiri Village, Nagaram l\,4andal, Suryapet blitrrct - -----" AND ...PETIT|ONER 'l The State of Telanoana, Represented by principal Secretary (Revenue), Sta m ps a nd Resist"rarion D;parfi ;;i s!.rliililt, Hyderabad.

2.

The Commissioner and.lnspector General of Stamps and Registration, 5_3- 953, Nizam S hah i Road,'tvio;amiani rr,liir<ei' i'yierabaO 3.

The Sub-Registrar, Suryapet, Suryapet District Petition under Articie 226 0f the constitution of lndia praying that in the circumstances stated in the afiioavitJir"i"in"r"*i,r, the High court may be pleased to preased to issue an order, oiretiion oi"rrvrit more particurarry one in the nature of Writ of lrlandamus declaring tirl ".t, of omission on the oart of I""'ff::T fn";'rJl,,,lt"?"s, 'nJ i."sr.i",i"g'u',. ..r""I".a"it:i!'-o\1)ozz :tr"'rull#i[ti::[ffi fieSti],qiJ"l;li!,!.,l'.r;x;:'itlP,lT m*:";:'*vru*#f#iilll:,t,ruf,i"1ff l";,:#m.",,::Ul [?i::xTf :?;].;::".[j?f #?:::,j[1ttrn#[i#:i,+:ffi :]litf I WRIT PETITION NO: 4936 OF 2022 lA NO: 1 oF 2022 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed .in support of the petitioni tf," Higl, Court may Ue lLus"a pleased to direct the Respondent No.3 to receive, register and rerease ihe sare deed dt.15- 01-2022 or any other sale deed to be presented by the petitioner selling away Ac.1-031/2Gts in Sy.No.592 AA/2 of phanigiri vi[age, r.rutai", Mandal, Suryapet District pending disposal of W.p.

Counsel for the Petitioner: SRt.

VENUGOPALA RAO pASNOORU Counsel for the Respondents: Gp FOR STAMpS AND REGISTRATTON The Court made the following: ORDER. ng: ORDER.

THE HON,BLE SRI ]USTICE B' VilAYSEN REDDY *nuu'o both sides and perused the material on record' z.

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 2Q22 and batch dated tB'02'2o2zas modified by the order dated22'02'2022 in I.A' No.2 of 2o22in 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 2O2Z and batch as modified by the order dated 22.o2.2o22in 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'G21257/20L9 dated 26.08.2020 and 29.!2.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TPINMC/2OL9 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, 2 Nizampet to the res Quthbulapur, ;"r;""':]i:nt - the sub Resisrrar, :""r:.:,,, *r,'",,1,*^T, ;-T:::,:,il;:;:i commissioners in the State; (ii) tne Sub Registrars endorsement at the rev in the state shall make an the document ;.;;:tt: side or the rirst pase or registration ,o ,onu ,r' in direction No'(i) that (civir) No.1s6ss ;, -r;:?"1,"': T'T: "H:: 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 risk is involved in purchase of such plots; transactions are hit by relevant statutory provisions; that registration of the same is e same is subject to outcome of orders of the Hon,ble Supreme Court in SLP (Civil) No.19695 of 2OZL.

To that effecr, 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 that such IITRUE GOPYII SDI.T,TIRUMALA DEVI ASSISTAN T REGTST R SECTION OFFICER 1 To, Z$ffi$*fi[,l,l*'*=':"*" ;l in the writ petition shall stand closed. )-.'' I 4.

One CC to SRl.

VENUI : is?#is,;t#fu# B#iilff ;;T:if ::i," 6.

Two CD Copies 7.

One Spare Copy PB BS k\\( \ -=-.-- HIGH COURT DATED: 2210212022 ORDER WP.No.4936 of 2022 DISPOSING OF THE WP WITHOUT GOSTS ,&.

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