Sri G. Raja Shekhar vs The State of Telangana and 2 others

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 PETITION NO: 5706 OF 2022 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, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the petitioner in respect of the Flat No.301, (12-10-5S7186lA/301), on Third Floor, having its plinth area of B25 Sq.Feet (including common areas and two wheeler parking), together with undivided share of land 18.0 Sq.

Yards, (Out of 180 Sq.Yards) in the apartment known as Gowri Shanker Nivas, in Premises No.12-1 0-587/86/A' (PTIN No.1181207530), in Survey Nos.

37 and 38, admeasuring 180.00 Sq.Yards situated at Seetaphalmandi, Secunderabad, Telangana State' on the basis of Memo No.G2l25712019 as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article 14 of Constitution of lndian and consequently to direct the 3rd respondent to Between: Sri G.

Raia Shekhar, S/o G.

Bala Krishna Rao, Aged aboltt 3p yea.rs, Occ.

Private Employee, R/o H.No.12-10-3361171B,12, Flat No.101, Prashanti Nilayam, Seethafalmandi, Secunderabad. ...PETITIONER AND 1.

The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad.

2.

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

3.

The Sub-Registrar, Marredpally, Secunderabad. ...RESPONDENTS / receive, register and release the sale deed presented by the petitioner in respect of above said property, notwithstanding the Memo No. e Memo No.G2l257120'19, 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 support of the petition, the High Court may be pleased to direct the 3rd respondent to receive, register and release the sale deed presented by the petitioner in respect of the Flat No.301, (12-10-587lBOlAl301), on Third Floor, having its plinth area of 825 Sq.Feet (including common areas and two wheeler parking), together with undivided share of land 18.0 Sq.

Yards, (Out of 180 Sq.Yards) in the apartment known as Gowri Shanker Nivas, in Premises No.12-10-587/86/4, (PTIN No.1181207530), in Survey Nos.

37 and 38, admeasuring 180.00 Sq.Yards situated at Seetaphalmandi, Secunderabad, Telangana State, without reference to Memo No.G212571201 9, during the pendency of the above writ petition.

Counsel for the Petitioner :SRl.

CHOKKI NARENDER Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION No.5706 of 2022 ORDER Heard both sides and perused the material on record.

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 2O22 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.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.G2/257 /2019 dated 26.08. ted 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.4S/TP/NMC/2O!9 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, t Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal 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) that registration so done is subject to outcome of SLp (Civil) No.19695 of 2O2I filed by the State Government before the Hon,ble Supreme CourU 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 that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon,ble Supreme Court in SLP (Civil) No.19695 of 2021.

To that effect, 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 in the writ petition shall stand closed 1 2 ., 4 5 To, 6.

7.

SML TR .1 -i SD/.B.SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER The Principal Secretary, Revenue (Registration and Stamps) Department, State of Telangana, Secretariat Building, Hyderabad.

The Sub-Registrar, [Varredpally, Secunderabad.

One CC to SRl.

CHOKKI NARENDER Advocate IOPUC] Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana.

Telangana. [OUT] Two CD Copies One Spare copy \,2 -\. v HIGH COURT DATE D :2 210212022 ORDER WP.No.5706 of 2022 k 1HE .:, , -q 7 22 t4|q2022 (( o .J DISPOSING OF THE WRIT PETITION WITHOUT COSTS.