Harshini Developers vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) TUESOAY ,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITIO N NO: 3506 oF 2022 Betwee n: AND 1.

Harshini Developers, Rep. by its Managing Pa(ner Allika venkateswar Rao, db.

A-il;idFtlbllr,, Ag".'az years, ocd.

B'usiness, RJo' H'No 1-9-35/5/48/K' V;;[;i;;;;-ttrgar: xr,rtiram, FCI Bvpass Road, Khammam (Rural), Gandhichowk, Khammam District. ...PETITIONER The State of Telangana, Rep. by its PrincipalSqcfelar,y, Revenue inJgirtrition anoSiampbl Dbpaitment, Secretariat Building, Hyderabad The Commissioner and lnspector General of Registration and Stamps' Telangana State at HYderabad.

The Sub-Registrar, Suryapet, Suryapet District. ..,RESPONDENTS Petition under Article 226 ol the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue a writ, order or Direction, more particularly, one in the nature of writ of Mandamus, by declaring the actlon of the 3rd respondent in refusing to receive, register and release the sale deeds presented by the petitioner in favour of different purchasers in respect of Plot No.s to issue a writ, order or Direction, more particularly, one in the nature of writ of Mandamus, by declaring the action of the 3rd respondent in refusing to receive, register and release the sale deeds presentedbythepetitionerinfavourofdifferentpurchasersinrespectofPlot Nos.1,2,5,6,7,8,9,10,11,14,17,18,25,29'31'32,34,35'42,43,46'49'54'57'58'62'68' 74,83,84,91 ,96,98,1 04,1 24 ,128,129,121 ,134,135,145,154,1 55,1 63,1 75 '168 '172' 179,180,183, 186,187,189,1S0, in respect of lands to an extent of Ac 2-13 gts in Sy.No.lB2l , Ac.2-13 gts in Sy.No.196/- , Ac 3-24 gts in Sy No 197/ total extent Ac. extent Ac.B-10 gts situated at Emampet Revenue Village' Suryapet Mandal' Suryapet District, Telangana State, on the basis of lr'4emo No'G2125712019' 2 3 a dated 26108/2020 as llegal, arbitrary, unlawful, without jurisdjction and contrary to the provisions of t re 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 t re sale deeds presented by the petitioners in Name/favor of the diffurent purchas..rs in respect of above said plots , no'twithstanding the Memo No.G2l257120'9, dated 26108/2020, issued by the 2nd respondent Petition under in the affidavit filed ir direct the 3rd respr presented by the pe extent in respect of P 34, 35, 42, 43, 46, 4l 129 ,121 ,134,135 ,145 respect of lands to Sy.No.196/ ca, Ac.3- Emampet Revenue State, without referen pendency of the abov ;ection 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased to ndent to receive, register and release the sale deed itioners in favour of different purchasers in part or total )t No.s 1 ,2, 5, 6,7, B ,9, 10, 11, 14, 17 , 18, 25, 29,31 ,32, , 54, 57, 58, 62, 68, 74, 83, 84, 91, 96, 98, 104, 124, 128, 1 54,1 55,1 63,1 75,168,172,1791 80, 1 83, 1 86,1 87,189,1 90, in rn extent of Ac.2-13 gts in Sy.N0.1B2l.

Ac.2-'1 3 gts in 24 gts in Sy.No.1971total extent Ac.B-10 gts situated at /illage, Suryapet Mandal, Suryapet District, Telangana :e to Memo No.G2125712019, dated 2610812020, during the r writ petition Counsel for the Petiti rner:SRl.

ALLIKA SURESH Counsel for the Resp rndents: AGP FOR REVENUE / GP FOR STAMPS AND REGISTRATION The Court made the f rllowing: ORDER I t lA NO: 1 OF 2022 t t THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.35O6 of 2022 ORDER Heard both sides and perused the material on record 2. record 2.

It ls 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.O2.2022 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.

3.

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

No.328 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., presented for registration by the petitioner/s without reference to the Memo Nos.G2/257 /2019 dated 26.08.2020 and 29 .12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNN4C/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, l t. in the NizamF et to the respondent - the Sub Registrar, Quthbr llapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commi ;sioners in the State; (ii) tht Sub Registrars in the State shall make an endors :ment at the reverse side of the first page of the d rcument referred in direction No'(i) that registri tion so done is subject to outcome of SLP (Civil) No.19695 of 202t filed by the State Goverr rent before the Hon'ble Supreme Court; and (iii) in :ase, it is found that there is any violation of law likr plots / lands / structures being sold form part of F.T. . and Buffer Zone / Plots having less than 30 feet ro rd width access, the Sub Registrar shall make an end rrsement informing / cautioning the purchasers that r ;k is involved in purchase of such plots; such 'ransactions are hit by relevant statutory provisir ns; that registration of the sa of the same is subject to outcon 3 of orders of the Hon'ble Supreme Court in SLP (( ivil) No.19695 of 2027.

To that eFfect, an end rrsement shall be made on the reverse side of the firs / second page of the document and also in the encuml rance record, website etc.

As a s( quel thereto, miscellaneous petitions, if any, pending ryli! pg_ i-tion shall stand closed. t //TRUE COPY// SD/.T.KRISHNA KUMAR ASSISTANT REGISTRAR (_ SECTION OFFICER 1.

The Principal s ecretary, Revenue (Registration andstamps) Department' ' si;'t-i i,i'iJri.i ana-, S6cretariat Building, Hvderabad' 2.

The Commissi )ner and lnspeclor General of Registration and Stamps' - Telangana Sta .e at HYderabad ' 3.

The Sub-Regir trar, Suryapet, Suryapet District' 4.

One CC to Sr ' ALLIKA SURESH Advocate IOPUC] To, b. fwo CCs to GP for STAIVIPS AND REGISTRATION ,High Court for the State of Telangana. [OUT] 6.

Two CD Copies 7.

One Spare Copy rsn U- I 6 ' HIGH COURT DATED:2210212022 ORDER WP.No.3506 o' 2022 DISPOSING OF THE V RIT PETITION WITHOUT COSTS .- 5l ATE \. ) \.1 s B \'1,[3 ?tyl? i i f,.

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