Ragi Venkateswarulu vs The State of Telangana

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 WRIT PETITION NO: 3664 OF 2022 Between: 1.

Ragi -Venkateswarulu, S/o late R.Ramulu Aged 44 years Occ.Business Rl/o H No.

8-116, Raigadda Street, Wanaparthy-Town -and Mandal, Wanaparthy District 2.

S.Srinivas Goud, S/o S Bala Chandraiah Goud Aged 52 years Occ Busienss R/o H No.

42-17110 Sagar Colony Wanaparthy Town ...PETTTTONER(S) AND 1 tate of Telangana, Rep.by.its Principal Secretary, Revenue (Stamps egistration ) department , Secretariat.

Hyderabad.

2.

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

3.

The Sub-Registrar officer, Wanaparthy, Wanaparthy 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 any writ order or direction more pa(icularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No.3 in receiving, registering and releasing of the sale deeds presented by the petitioners in respect of the plots bearing Nos 19,20,21,22,23,23/1,34,42,43, 4311 and 50 in Survey Nos 167/4 and 167/E Rajanagaram village ,Wanaparthy Mandal and District on the basis of lr/emo No.G2l25712019 dated 26.08.2020 issued by the respondent No.2 and is illegal, arbitrary and u nconstitutiona I and consequently direct the respondent No.3 to receive, register and release the deed of sale deed presented by the petitioners in respect of the plots bearing Nos 19,20,21 ,22,23,2311,34,42,43, 4311 and 50 in Survey Nos 167/4 and 1671E The S and R Rajanagaram village ,Wanaparthy IMandal and District, without the reference of the Memo No.G2l25712( 19 dated 26.08.2020 issued by the respondent No.2. dent No.2. lA NO: 1 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 pleased to direct the respondent No. l to receive, register and release the deed of sale deed presented by the petitioners in respect of the plots bearing Nos 19,20,21 ,22,23,2311,\4,42,43,4311 and 50 in Survey Nos 167/4 and 167lE Rajanagaram village ,Wanaparthy Mandal and District ,without the reference of the Memo No.G2l25712C19 dated 26.08.2020 issued by the respondent No.2 pending disposal of the writ p rtition.

Counsel for the Peti ioner(s): SRI RAJAGOPALLAVAN TAYI Counsel forthe Res rondents: AGP FOR REVENUE The Court made the tollowing: ORDER THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.3664 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.32B of 2022 and batch dated L8.O2.2022 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.

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., presented for registration by the petitioner/s without reference . to the Memo Nos,c2/257 /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.45lTPlNMC/2019 dated 01.11. ted 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, \ I Nizar'rpet to the respondent - the Sub Registrar, Quth rullapur, Ranga Reddy District, and similar letter s, if any, issued by the various Municipal Comr rissioners in the State; (ii) t re Sub Registrars in the State shall make an endo sement at the reverse side of the first page of the document referred in direction No.(i) that regis'ration so done is subject to outcome of SLp (Civil No.19695 of 2O2l filed by the State Gove nment before the Hon'ble Supreme Court; and (iii) ir case, it is found that there is any violation of law li te plots / lands / structures being sold form part of F.- .L. and Buffer Zone / Plots having less than 30 feet r:ad width access, the Sub Registrar shall make an er lorsement informing / cautioning the purchasers that 'isk is involved in purchase of such plots; such transactions are hit by relevant statutory provis ions; that registration of the same is subject to outco ne of orders of the Hon'ble Supreme Court in SLP Civil) No.19695 of 2027.

To that effect, an en lorsement shall be made on the reverse side of the fir;t / second page of the document and also in the encun brance record, website etc.

As a : equel thereto, miscellaneous petitions, i1" any, pending in the writ P, rtition shall stand closed. ,TRUE COPY' SD/-K,ONESIM ASSISTANT REGISTRAR SEt]TION 1.

The Principal iecretary, Revenue (Stamps and Registration) department ,State of Tela rgana, Secretariat, Hyderabad.

The Commiss oner and lnspector General of Registration and Stamps, Hyderabad, T rlangana.

To, ICER 3.

The Sub-Registrar officer, Wanapqf.hy,-!V-anaparthy District' + ori, -cC t" -s"nr'nnJncopALLnVAu iAvt Advocat'e {oP ucl- 5. iil dd.i"-ci Foi nEveruue, High courr for the State of Telangana at Hyderabad. [OUT] 6.

Two CD Copies.

7.

One spare coPY.

NPJ V \ HIGH COURT BVR,J DATED:22102 2022 \ { \o'3 1 .|4: 0 7 t't,tfl 2022 Ci. ''r -) o ORDER WP.No.

DER WP.No.3664 rf 2022 DISPOSING )F THE WRIT PETITION WITHOUT C( )STS. % n1-