Chavva Nagaraju and 3 others vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 9062 OF 2022 Betwee n: 1 2 3 4 Chavva Nagara.ju, S/o.

C.

Satyanarayana, aged about 50 years, Occ Businesi, R/o.

H.

No.

B-93, Poshammagadda, Gopalpet Village and IVlandal, Wanaparthy District.

Katakam Srinviasulu Setty, S/o.

K.

Narasimhaiah Setty, aged about 40 years, Occ.

Business, Rl/o.

3-7212, Marrikunta, Srinivasapuram (V), Wanapadhy lvlandal and District.

Kalakonda Srinivasulu, S/o.

Satyanarayana, aged about 45 years, Occ Business, R/o.

37-7111/A, Vallabh Nagar Street, Wanaparthy Town and District.

Uppala Bhaskar, S/o.

Uppala Balaram Setty, aged about 45 years, Ocb Business, R/o.

44-22, K.D.R.

Nagar, Wanaparthy Town and District. ...PETITIONERS AND 1.

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

2.

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

3.

The Sub RegiJtrar, W'anaparthy, Wanaparthy District. ...RES'ONDENTS Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of lr,4andamus declaring the action of the 2nd respondent in issuing the impugned Memo No.

G2125712019, d1.2610812020 directing the 3rd respondent not to accept the sale deeds in respect of the plots and houses which are part and parcel of unauthorized layout, as illegal, arbitrary, and contrary to the provisions of Registration Act, 1908 and also contrary to the order passed by the Honourable High Court in W.P.No.924812O21 , d1.

2O21 , d1.2310812021 and consequently direct the 3rd respondent to receive, registrar and release sale deeds in respect of plot bearing Nos.

2/8, 3/8, 31/A, 31, 321A, 32, 33, 33/8, 34, 3418, 28, 28lA' 27 I A, 35, 36, 35/A, 36/A, 3B/A, 38, 37/A, 37, 37 lB, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 17, 1B/8, 18 B/A, 16/4, 16/8, 9/A, 9, 60/4, 60, 61, 62 58, s9, 44, 45, 46, 47,48,49,50,51 ,11 ,1218 and 55/1 in Sy.

Nos.

Sy.

Nos.329tE1 ,330/AA1/1, 328t43t1, 329tE2, :30tAA1t2, 32BtA3t2, 329tE3,330/AA1/3, 32BtA3t3, 329tE4, 330.AA1/4, 328lA3t +, 3291E5, 330/AA1/5 and 328/A3/5, admeasuring Ac.4-00 guntas and land i r Sy.

111lE111, 111lE112, 111lE1t3, j11lE1t4 and 111lE115, admeasu'ing Ac.2-00 guntas total admeasuring Ac.6-00 guntas, at Rajapet village, Wa taparthy Mandal and District, without reference to the lVlemo No.

G2125712019, cated 2610812020 issued by the 2nd respondent in favour of the petitioners, as the petitioners complied with all other formalities for the purpose of registratr tn and release the document. lA NO: 1 OF 2022 Petition unde' 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 issue interim order lirecting the 3rd respondent to receive, registrar and release the sale deeds so rght to be presented by the petitioners in respect of plol bearing Nos.

2/8, 3 B, 31/A, 31 , 32tA, 32, 33, 33t8,34, 34t8, 28, 2BtA, 271A,35, 36, 35/A, 36/A, 38r,, 38, 37lA, 37, 37t8,64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 17,18t8,18, 18/A, 16/4, 16/8, 9/A, 9, 60/A, 60, 61, 62, 58.

59, 44, 45,46,47.

48, 49, 50, 51 , 41 l2lB and S5i1 in Sy.

Sy Nos 32gtEt,330/AA1/1,, 328143t1, 3291E2, ;30/AA1t2, 32BtA3t2, 329/E3,330/AA1/3, 32BtA3t3, 32gtE4, 330.AA'1/4, 32BlA3 4, 3291E5, 330/AA1/S and 32BlA3t5, admeasuring Ac.4_00 guntas and land r Sy.

111lE111, 1111Eil2, 111t8113, t11tE1l4 and 111|E115, admeasr ring Ac.2-00 guntas total admeasuring Ac. suring Ac.6-00 guntas, at Rajapet village, wa raparthy Mandal and District, without reference to the Memo No.

G2125712019, iated 26.08.2020 issued by the 2nd respondent, pending disposal of main Wr t Petition.

Counsel for the Pet tioners: SRI M.

DAMODAR REDDy Counsel for the Re:,pondents: AGp FOR REVENUE The Court made thr following: ORDER HONOURABLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION N0.9(,62 0F 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.32B 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.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.29BS 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 Nos.G2l257 12019 dated 26.OA.2O2o and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.aSlTP/ NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, a.rld similar letters, if any, issued by the various Municipal Commissioners in the State; (ii) thr Sub Registrars in the State sha-ll make an enclorsement at the re yerse side of the first page of the document referred in direct Jn No.(i) that registration so done is subject to outcome of SLP ( )ivil) No. )ivil) No.

19695 of 2O2l fi1ed by the State Government before the Hon'ble Supreme Court; and (iii) in case, it is found that there is any violation of law like plots / lan, ls / structures being sold form part of F.T.L. and Buffer Zone ' Plots having less than 30 feet road width access, the Sub Regis. rar shall make an endorsement informing / cerutioning the purcL asers that risk is involved in purchase of sucl.r plots; such trans ,ctions are hit by relevant statutory pror.isions; that regist'ation o[ the same is subiect to outcome of orders of the Hont Ie Supreme Court in SLP (Civil) No.19695 of 2021.

To that effect an enclorsement shall be made or-r the rcverse side of the first / second page of the document and also in the encu rbrance record, website etc.

The miscel aneous petitions pending, if any, shall stand closed There shall be nc order as to costs, ,TRUE COPY' SD/- P.PADMANABHA REODY ASSISTANT REGISTRAR I SECTION OFFICER To, l.ThePrincipalsecretary,Revenue(StampsandRegistration)Department' State of T6lan< ana, Secretariat, Hyderabad - ^ z. in?-C6.riisi ,ner'ario lnspector General of Registratron and Stamps' State of Telanl ana HYderabad. g. in?-Sun Regii trar, Wanaparthy, WanaparthyDistrict' a.

On" bC to S"ri M.

Damodar Reijdy Advocate [OP-UC] 5. i;; ccs to G ) for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 6.

Two CD CoPii s 7.

One Spare Cc:Y sll) HIGH COURT DATED:2310212022 ORDER WP.No.9062 of 202: DISPOSING OF THI WP WITHOUT COSTS i{E STAIE 1 o.{ I 7 l4i.R 202 ] ()\ .-...

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