Smt.Khanapur Vijaya vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) TUESDAY ,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 6152 OF 2022 Between: 1.

Smt.Khanapur Vijaya, w/o K.Devaji Age 65 years, Occ.

Agriculture and Business, r/o H.No.

1-4-2018, Rajendranagar Street, Mahabubnagar town and District.

2.

C.Naresh Kumar, S/o C.Krishnaiah, Age 31 years, Occ.

1-10-23141A13, Sha Saheb Gutta, tvlahabubnagar Town and District. ...PETITIONERS AND 1 The State of Telangana, represented by its Principal Secretary, Department of Stamps and Registration, Secretariat, Hyderabad.

The Commissioner and lnspector General, Registration and Stamps, Telangana, O/o l\,4ojamjahi [r,4arket Road, Hyderabad.

The Sub-Registrar, I\rla ha bu bnaga r, [t/ahabubnagar District. ...RESPONDENTS Petition under Article 226 of lhe 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 declaring the action of the Respondent No.3. in refusing to receive, process, register and release the sale deeds or any other documents pertaining to the house plots of the petitioner viz., Plot No.1,2,3,4,5,6 ,7,10, 11' 14, 15, 16, 17, 18, 21 , 22, 24, 25, 26, 27, 28,29, 30, 31 , 32, 33,34, 35, 36, 37, 38, 39, 40, 41 , 42, 43, 44, 45,50 and 51 in the land bearing Sy No.465/1A/A extent Ac.2-25gts situated in the Iimits of Edira village, lr,4ahabubnagar l\,4andal and District., on the guise of the issuance of the Memo No.

G2125712019 Dated.

26-8-2020 issued by the Respondent No.2., as arbitrary, unjust, illegal, without jurisdiction, contrary to the provisions contained under the Registration Act' 1908 and has the effect of violation of fundamental rights guaranteed to the petitioner 2 3 ula 14,21 and 300-A of Constitution of tution of lndia, and consequently direct the Respondent No.3. to receive, process, register and release the sale deeds or any other documents presented by the petitioner in respect of house plots viz,, Plot No.1 ,2,3,4,5,6 ,7,10, 11 , 14, 15, 16, 17 , 18, 21 , 22.

24, 25, 26, 27 , 28, 29, 30, 31 , 32,33,34, 35, 36, 37, 38, 39, 40,41 , 42, 43, 44,45,50 and 51 in the land bearing Sy.No.465/'1A/A extent Ac.2-25gts situated in the limits of Edira village, Mahabubnagar Mandal and District.,without reference to the N,4emo No.

G21257 12019, Dl.

26-8-2020 issued by the 2nd Respondent.

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.3. to receive, process, register and release the sale deeds or any other documents presented by the petitioner in respect of house plotsviz., P1o1 No.1,2,3,4,5,6,7,10, 11,14, 15,16, 17,18,21 ,22,24,25,26,27, 28, 2S, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 50 and 51 in the land bearing Sy.No.465/1A/A extent Ac.2-25gts situated in the limits of Edira village, Mahabubnagar Mandal & District., without reference to the Memo No: G2125712019, Dt 26-8-2020 issued by the 2nd Respondent.

Counsel for the Petitioners:SRl.

K.VENKATESH GUPTA Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER lA NO: 1 OF 2022 THE HON,BLE SRI JUSTICE B' VIJAYSEN REDDY WRIT PETITION No.6152 of 2022 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 writ petition 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 petition may be disposed of in terms thereof' 3.

Therefore, following the common order dated '18 '02'2022 in W.P.

No. n W.P.

No.32B 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 91ft etc" presented for registration by the petitioner/s without reference to the Memo Nos.G2/257 /201"9 dated 26.O8.2020 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, NizamPet to the resPondent QuthbullaPur, Ranga ReddY letters, if anY, issued bY 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) registration so done is subject to outcome of (Civil) No.19695 of 2027 filed bv the 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 - the Sub Registrar, District, and similar the various MuniciPal that SLP State that risk is involved such transactions are in purchase of such Plots; hit bY releva nt statutorY provisions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Clvil) No.196Q5 of 2OZl' To that effect' an endorsement shall be made on the reverse slde 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 in the writ petition shall stand closed' .^: . sed' .^: .r, //TRUE COPY, ^,,:3flN+?t'"t5i'm t- SECTION OFFICER To, 1 The Principal Secretary' Department of Stamps and Registration state of ' +llir;;;;; secretariai HYderabad' , +:e 3n"nl''&B ffi : j?Xi jff i'^ff)[:,?"J,%: li ft%?51'3i': " a n d s ta m p s' \ 3.

The Sub-Registrar, Mahabubnagar' ltilahabubnagar District' 4.

One CC to SRl.

K VENKATESH GUPTA Advocate [OPUC] 5.

Two CCs to GP FOR REVENUE 'High Court for the State of Telangana tourl 6.

Two CD CoPies.

7.

One SPare CoPY.

GB- BS \ HIGH COURT DATED:2210212022 ORDER WP.No.6152 of 2022 DISPOSING OF THE WP WITHOUT COSTS.

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