M/s.Madhupala Estates Pvt Ltd. vs 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 SRIJUSTICE B.VIJAYSEN REDDY WRIT PETITIO N NO: 6436 OF 2022 Between: AND 1.

Ivl/s.Madhupala Estates P\4 Ltd., Req.^by its Managing Director sri Sunkoju SriJJri-sldsri S.Achary ug"d-rb"ri'62 vears, occ'Eus'iness, RVo'H'No'1'1-13- 1 I 31 1 l2l A, KothaPet, HYderabad. ,..PETITIONER State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) department, Secretariat, Hyderabad 2. fhe Commissioner and lnspector General of Registration and Stamps' Telangana, HYderabad.

3.

The District Registrar, Revenue (Registration and Stamps) Department' Yadadri Bhuvanagiri District 4.TheSubReqistrar,Revenue(RegistrationandStamps)Department'SRO' Bibinagar, Yadadri Bhuvanagiri 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 declaring the action of the respondents more particularly the 4th respondent in refusing to receive and register the documents presented by the p"iiiionui in respect- of land bearing ptot Nos.716, 719 and B27lD, tolal IJ."u.rting 600 sq. yards, under Sy.Nbs'469, 476 lo 479,481 to 487' 495' 497' +sa, soo, slol and sez, situated ai Gudur Village, Bibinagar lr4andal, Y-adadri ehrurnrgiri District, on the basis of Memo No.G2t25712019 dated.

2610812020 [rr"J nV if.'," 2nd respondent, as illegal, arbitrary, unjust, u nconstitutiona l, violation oi piin"ipf"r of natural justice and also contrary to the provisions of Registration n.i rgo's, and set aside the same, and consequenily direct the respondents 3 and + to regisier and release the documents presented by the petitioner in-respect of suqect"ptots without reference to the Memo No. e Memo No.G2l257l2O19 dated.

2610812020 issued by the 2nd resPondent. 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 respondents 3 ar d 4 to receive, register and release the documents presented by the petitioner in respect of land bearing Plot Nos.716, 719 & 8271D' total admeasuring 600 sq yards, under Sy.Nos.469,476 to 479,481 to 487, 495' 497' 498, 500, 50'1 & { 32, situated at Gudur Village, Bibinagar ltllandal, Yadadri Bhuvanagiri Distri( I, without reference to the Memo No G2125712019 dated:26.08.2020 is;ued by the 2nd respondent, pending disposal of the writ petition.

Counsel for the Pet tioner: SRl.

MOHD MOIN AHMED QUADRI Counsel for the Rer pondents: GP FOR REVENUE The Court made thr following: ORDER THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.6436 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 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 L8.O2.2O22 in W.P.

No.328 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 gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2l257l20L9 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.

Letter No.45lTPlNMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizan pet to the respondent - the Sub Registrar, Quthk ullapur, Ranga Reddy District. and similar letter: , if any, issued by the various Municipal Comr issioners in the State; (ii) tl e Sub Registrars in the State shall make an endor sement at the reverse side of the first page of the Jocument referred in direction No,(i) that regisl 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 I ke plots / lands / structures being sold form part of F. -.L. and Buffer Zone / Plots having less than 30 feet -oad width access, the Sub Registrar shall make an e rdorsement informing / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory prov sions; that registration of the same is subject to outc )me of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 ot 2021.

To that effect, an e rdorsement shall be made on the reverse side of the irst / second page of the document and also in the enct mbrance record, website etc.

As: sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed. //TRUE COPY// Sd/- L.

SIVA PARVATHI ASSISTANT REGISTRAR Z- SECTION OFFICER To, 1 2 Tte.Prin* ,l Secretary, Revenue (Registration and Stamps) Department ,State ol I( langana, Secretariat, Hyderabad The Comm ssioner.and lnspector General of Registration and Stamps, Ielangana Hyderabad.

T.he Distric Registrar, Revenue (Registration and Stamps) Department, Yadadri Bh tvanagiri District 3 4 Il.,g Sub Registrar.

Revonrro /D^^;^+-^.,^ B ib ina s a r. i;ffi i Shtl,:}1tsfIBYI?:,8 ., a nd s ta m ps) Depa rtment, s Ro, ' 5.

One CC ro SRl.

MOHD MOIN AHMED eUADRtAdvocate tOpUCl 6.

Two CCs to Gp Fr the state "t t;i. te "t t;i.;g?Xf It&Hs AND REGlsrRArloN (TG) ,Hish Court for 7.

Two CD Copies B.

One Spare Copy II IVIUA A{ Y HIGH COURT BVR,J , DATED:2210212022 E ST4 ORDER WP.No.6436 of 202i DISPOSING ()F THE WRIT PETITTON WITHOUT C( ISTS i ,+)3o 10l4lfl 2S22 \; a\"1,. _./ | [ td-l \ \