BURUGUPALLI SATYANARAYANA vs The State of Telangana

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 SRIJUSTICE B.VIJAYSEN REDDY WRIT PETITION NO:6790 OF 2022 ...PETTTTONER(S) AND 1.

The State of Telangana, Rep. by its Principal Secretary, Stamp Registration Department, Secretariat, Hyderabad, Telangana S 2.

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

3.

The Sub-Registrar, Quthubullapur, Medchal-Malkajgiri District, Telangana State. +.

Jl'" Nizampet.Municipal Corporation, Rep.by its Commissioner, Bachupally Mandal, Medchal-Malkajgiri District. .,.RESPONDENTS Petition under Article 226 ot the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or direction particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not receiving, registering and releasing the petitioner sale deeds in respect of semr-finished Flat No.302 and 303 (in Third Floor), Flat s and tate-500 004 Between: 1.

BURUGUPALLI SATYANARAYANA, S/o B.Subba Rao, A/a 72 yearc, Occ.Agricultu re 2.

Smt.

Burugupalli Leela, W/o Satyanaryana, A/a 68 years, Occ.House Wife, Both R/o Flat No.106, lndralok Avenue, lVlain Road, Thanuku, West Godavari District, Andhra pradesh State. !ep.

By their ASGPA Holder, M/s SR Builders, Rep.

By its partner, Sri.

P.V.Subba Reddy, S/o Late Chenchi Reddy, a/a 56 years, Occ.

Business, R/o Flat No.401, Comfort Enclave, l,4adhavinagar Socieiy, Jayanagar, Kukatpally, Hyderabad, Telangana State-72.

No.401,402,and403(inFourthFloor),ofSRAvenue'constructedonPlotNo'24' 25 and 26, Total Acmeasuring 83333 Sqyds, in Sy'No233/10 and 233111' Situated at Nizampet /illage, Under Nizampet lvlunicipal corporation, Bachupally Mandal, Medchal-Ma kajgiri District, Telangana State' on the basis of Memo No. f Memo No.G2l257 t2019 dt.2 3.08.2020 issued by the 2nd respondent, and Letter No.45/TP/NMC/2019 Jated 01.11.2019 issued by the 4th respondent' as illegal' unlust and arbitrary, onsequently Direct the and release the Sal, Deeds presented by 3rd respondent to receive, register finished semijinished Flat No.302 and 303 (in Third Floor)' in respect of semi- Flat No.401 , 402, and 403(inFourthFloor),ofSRAvenue,constructedonPlotNo24'25and26'Total Admeasuring833.33iq.yds.,inSy.No233/10and233111'SituatedatNizampet Village,UnderNizanpetMunicipalCorporation,Bachupallytvlandal'Medchal- Malkajgiri District, Telangana State, without reference to the Memo No.G2]2STt2Olgdt.ia.oB.2020issuedbythe2ndrespondent,andLetter No.45/TP/NMC/2019 11.01.11.2019 issued by the 4th respondent' as directed in W.P.No.9248/2021 , ir the interest of justice' lA NO: 1 oF 2022 PetitionUnderliectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in : upport of the petition, the High Court may be pleased to DIRECT the 3rd res londent to receive register and release the Sale Deed semi-finished Flat No.302 and 303 (in presented by the pet:ioner in respect Third Floor), Flat N r.401 , 402' and 403 (in Fourth Floor), of SR Avenue, constructed on Plot 1o.24, 25 and 26, Total Admeasuring 833 33 Sq yds ' in Sy.No.233/10 and 233111 , Situated at Nizampet Village' Under Nizampet Municipal corporation Bachupally Mandal, Medchal-Malkajgiri District, Telangana the petitioner of / // State, without reference to the Memo No.G2125712019 dt.26.08.2020 issued by the 2nd respondent, and Letter No.45/TP/NIt4C/2019 dt.01.11.2019 issued by the 4th respondent, as directed in W.P.No.924812021 , pending disposal of the writ petition, in the interest of justice.

Counsel for the Petitioner(s): SRI P.

VENKANNA Counsel for the Respondent Nos.

1 to 3: GP FOR STAMPS & REGISTRATION Counsel forthe Respondent No.4: SRI N.

PRAVEEN KUMAR, SC FOR MUNICIPALITIES The Court made the following: ORDER -- -..-.

R -- -..-.--'-]: HC NOURABLE SRI JUSTICE B.

VIJAYSEN REDDY ORDER Hei rd both sides and perused the material on record.

2. : is submitted by the rearned counser on either side that subject matter of this writ petition is squarely covered by the common c rder passed by this Court in W.p.

No.32B of 2022 and batch dar -"d 1g.02.2022 as modified by the order dated 22.02.202i in t.A.

No.2 of 2022 in W.p.

No.2985 of 2022 and batch, as ;uch, this writ petition may be disposed of in terms thereof.

3' Therefc'e, folowing the common order dated 18.02.2022 in W.P.

No.32 3 of 2022 and batch as modified by the order dated 22.02.2022 n l.A.

No.29B5 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 locument of sale, transfer and gift etc., presented for egistration by the petitioner/s without references to the Memo Ios.G21257t2019 dated 26.08.2020 and 29.12.2020 issued by WRIT PET|T|ON No.

6790 OF 2022 the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TPi NMC/2019 dated 01 ,1 1 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) 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 subiect to outcome of SLP (Civil) No.19695 of 2021 filed 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 / 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 in 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 these writ petitions stand closed SD/-K.ONESIM ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,, +:i, ru[ff i :.?3',:111 ,:Je[H :l:*i,'fi'ii:"&3':ltrt'b"d]' State of 2 The Commissioner and lnspector' General of Registration and Stamps' ' Telangana State' 2 I 3.

The Sub-Rec rstrar.

Quthubullapur, lVledchal-lValkajgiri District, Telangana State.

4 L1"_|lfqqqe:,Municipat Cor!9FJi9n, Rep.by its Commissioner, Bachupaily Mandal, Med ;hal-Maikajgiri District.

5.

One CC to Sl ll P.

VENKANNA Advocate IOPUCI 6.

One CC to Stlt N.

PRAVEEN KUMAR, SC FOR N/UNtCtpALtTtES tOpUCl 7.

Two CCs to ( P FOR STAMPS AND REG|STRAT|ON, High Court for the State of Telar gana at Hyderabad. [OUT] L Two CD Copi rs, 9.

One spare co )y.

NPJ€1 \ HIGH COUR]' DATED:2310i 12022 ORDER WP.No.6790 rf 2022 DISPOSING I)F THE WRIT PETITION WITHOUT C0STS. t' 1$g SfAIal 15 l,Uff o,c \ 2022 {' o .a' J- * \yd