Smt. Machani Santhoshi vs The State of Telangana

AND 1 Between: 1. gnt.

Machani Santhoshi, Wiq Sri .J.angaiah Yadav, Aged about 37 ' i,ib'is.''""'oii. -iliiuse*iie nlo H No:3-120, Keesar?, Ivbdchal- [rUttaigiri District.

2.

9nt.

N4ora Punvavathi, W/o Sri Mora Flari Shanker, Agpd.about 37 ' i.ili.'.'bic: lj;d; ie, 'nro a-ztl3/3, Keesara, Medcha-l-lvlalkajsiri bistrict. ...PETITIONER(S) The State of Te lan (Req is t ra t ion and Hyderabad. oana.

Reo. bv its Principal Secretary St amps ) -Depa? tmen t , Secr'etar iat Bu ild 2 .

The Ccnrn iss io ne r an Stanps , Te langana S 3.

The Sub-Reg ist ra r, nspector Genera I of Registration and e at Hyderabad. ...RESPONDENTS futition under Article 226 of the Constitution of lndia praying that in the circunEtances stated in the af f idavit f iled therewith, the H igh Court may be p leased to issue a Writ , Order or Direct ion, nore particularly, one in the nature of Writ of Mandanus, by declaring the action of the 3rd respondent in not receiving and to register and release the Sale Deed presented by the petit ioners in respect of the Plot No.19, adneasuring 123.3 Sq.Yards, Plot No'20 adneasuring 1OO.70 Sq.Yards., and Plot No.21 , adreasuring 94 40 Sq.Yards., tota I three Plots together adneasuring 318.40 Sq.Yards or 266.21 Sq.Mtrs., in Sy.Nos.1OlAA6l2, 10lAA512, lOlAA3l2' 10lA312' 10lA212, 10lAl1 t1t2, 91312, 9AA3/2 and 9lAAl112l2' situated at Bcnna la Rarra ran village and Mandal, Yadadri-Bhongi r District, Telangana State, on the basis of lr/sro No.G2l257 12019, issued by the 2nd respondent as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and in HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) \ EI\ESDAY, lHE l\ E{rY IHIRD DAY OF FEBFIIaR/ I\AOTI-SJSAM AI\D ]l^ENry TAO PRESENT THE HONOURABLE SRIJUSTICE B.VIJAYSEN REDDY WRIT PETITIO N NO:7601 OF 2022 Bhongi r, Yadadri-Bhongir Distr ict.

Distr ict. , Revenue tng, dl ta t violation of Arti ;le 14 of Constitution of lndian and consequently to direct the 3r( respondent to receive, register and re lease the Sale Deed presen ed by the petitioners in respect of above said subject property, notwithstand ing the tvlorrr No.G21257 12019, issued by the 2nd resPonden..

IA NO: 1 0F 2022 futit ion undet Sect ion 151 CPC praying that in the circmstances stated in the af idavit f i led in support of the peti t ion, the High Court may be p eased to d irect t he 3rd respondent to rece ive ' register and rel:ase the Sale Deed presented by the petitioners in respect of the nlot No.19, adrneasur ing '1 23 3 Sq Yards' Plot No 20 adneasuring 100 70 Sq.Yards., and Plot No 21 ' adreasuring 94 40 Sq.Yards., total three Plots together admeasuring 318 40 Sq Yards or 266.21 Sq.

Mtrs , in Sy.Nos.10 tAAOI2' 10tAAS12, 10lpJ.312' 10lA312' 10lA2t2,10lAl1'112,913t2,9AA3/2andglAAlll2l2'situatedat BcnrnalaRanararvillageandMandal,Yadadri-BhongirDistrict' Telangana state, wi thout reference to Morp No.G21257 12019, issued by the 2nd respond( nt, pending disposal of the above writ petition' Counsel for the P' titioner(s): SRI METTU SHANKAR Counsel for the R tspondents: AGP FOR REVENUE The Court made t re following: ORDER / I{ONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.

760I 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 h 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, follo'*'ing the Common Order dated 18 'O2 '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. in W.P.No.29aS 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 references to the Memo I Nos.G21257 12019 dated 26.08.2020 ard 29.12.2020 issued by i the respondent - the Commissioner and Inspector General of Registration and Stanps, Telangana; Letter No.a5ITP/NMC/2O19 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, 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) I re Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document referred in dire:tion No.(i) that registration so done is subject to outcome of SLf (Civil) No.

19695 of 2O2t filed by the State Government befr re the Honble Supreme Court; and (iii) n case, it is found that there is an.v violation of law like plots / L nds / structures being sold form part of F.T.L. and Buffer Zor z I Plots having less than 30 feet road width access, the Sub Ree stral shall make ar endorsement informing / cautioning the pur:hasers that risk is involved rn purchase of such plots; such tral sactions are hit by relevant statutor]. provisions; that reg stration of the same is subject to outcome of orders of the Hor 'ble Supreme Court in SLp (Civi1) No.19695 of 2O2I.

To that effe :t, an endorsement shall be made on the reverse side of the firs / second page of the enc lmbrance record, website etc. document ald also in the The misc:llaneous petitions pending, if any, shall stand closed.

There sha11 be Lo order as to costs. //TRUE COPY// Sd/.

K.

AMMAJI ASSISTANT REGISTRAR SECTION O FICER To, 1.

The_Principi.l Secretary, Revenue_ (Reg istra t ion and Stanos) Liepa r tment. a r tment.

S ta re of Te iansana, sd-i;di ; i i ; i'eij iTd,I"6 ]iiVj6rabad 2.

The Ccrrmiss oner and_ lnspector General of Registrar ion and sranps.

Tetr ngana State Ii Hrde;;6;a:' " ' 3.

The Sub-Reg strar, Bhongir, yadadri-Bhongir District.

4 .

Ore CC to St l l METru SFIAIT(AR Advoca te I CR C] t lfnffis,.iB"lt tg6=t^ot, Hish court ror the state of reransana 6.

T\o CD Copir s.

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Ore spa re cr py.

NPJ \}/ HIGI-I CO-RI- BVR,J DATD :231021 2022 \AP.No.7601 of 2022 DlsffilNG OF THE \ /RlT PETIT lot\l \S5 gE $l A r4: :. '( )o r.) t 1i }4Afi 202 i/ WIITCLI O ETS.

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