M/s. ESTEEM DEVELOPERS vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original J urisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT P ETITION N O: 90s6 0F 2022 Between: lr//s.

ESTEEM DEVELOPERS, Rep', by its lvla-naging Partner' Day^am^-Venkat R"OOV, Slo.

Late Bhagavan Reddy.'Aged about' 57 yea's' H No 11-13-13711403' iji,"rljxr"'rl"g"rl nttui"i.nrni 1-riple"Road Kothadet Saroornagar, Rangareddy District.

TS. ...PETITIONER AND 1 .

The State of Telangana, Rep,' by rts Prrn-cipal Secretary' ,Registration and Sir".p. o"prrtmen't, secret'ariar, BRKR Brlavan, Hyderabad' TS' 2.

The Sub-Registrar, Champapet, Rangareddy District, TS 3.TheCommissionerandlnspectorGeneral'RegistrationandStamps,Hyderabad, TS, ...RESPONDENTS PetitionunderAfiic|e226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith, the High court may be pleased- io i.tr" ,n order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in refusing to receive' register arid release the sal; deed presented by the petitioner in respect of open plot-No' !s8 ;-iy.N" 90, admeasuring of 18dSq.yards, known-and called as GoLDEN iE rbgrs'situated at Balapur Vrllage, Balapur Revenue Mandal' Under Badangpet H,4rni"iprlltv Rangareddy District, on the grounds of Memo No'G2/257l2019' ait o iatogtzozo issued'oy the 3rd respondent for being l egal, arbitrary, wilhout furisdiction and contrary to ihe provision of the Registration Act '1908 and in violation tJ aiti.r" 14 of the ionstitution of tnc;a, and consequently set aside the N,4emo No G2l257l2o1g daled 2610812020 issued by the 3rd respondent' IA O:1 oF 2022 Petition under Section 151 CPC praving !h?tI th: ckcumstances stated in ,n" "trio"""lii,'rJ in suppor.t or t"n" p"t,t * in. "t,t * in.'H,9n court mav be oleased to direct the 2no respondent to receive rJglti"i 'nO relJase the sale deed oresented by oetitroner. in respect ot op"n prli -liJ seS i" Sy No 90' admeasLrrrng of 180 bo vards.

Known and carreo aJ ooioEN HEIGHTS situated at Barapur Vi'lage ililiiri"'n"r""rr" - v,no't, u ni"i -e-'oing p"t Mu nici palitv' Ransaredd v District' without reference to Memo N""CzzszioiS dated 2610812020 issued bv the 3rd ;:l:;"ft;;; ilJinj oisposat ot tnu '"in writ Petition' in the interest of lustice Counsel forthe Petitioner: SRI PALLE NAGESWAR RAO Counsel for the Respondents: GP FOR ASSISTANT GOvERNMENT PLEADER FOR REVENUE The Court made the following: ORDER' HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.9096 0F 2022 ORDER: Heard both sides and perused the material on record 2.Itissubmittedbythelearnedcounseloneithersidethatsubject matter of this Writ Petition is squarely covered by the Common Order passecl by this Court in W.P'No'328 of 2022 and batch dated 18.O2.2O22 as modified by the Order dated 22'02'2022 in I'A No'2 of 2022 in W.P.No.2985 ol 2022 and batch, as such' this Writ Petition may be disposed of in terms thereof' 3, Therelore, following W.P.No.328 ol 2022 and the Common Order dated la.O2'2O22 in 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 references to the Memo Nos.G2l257 12019 dated 26.O8 '2O2O and 29 '12'2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.4S/TP/ NMC/2019 dated 01 i1 2019 issued bv the respondent - the Commissioner, Municipal Corporation' Nizampet to the respondent - the Sub Registrar' Quthbullapur' Ranga Reddy District, ancl similar letters' if etters' if any' issue<1 by the various Municipal Commissioners in the State; (ii) the Sub Registrars in the State shall makc 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 2027 Iiled by the State Government before the Honble Supreme Court; and (iii) in case, it is found that there is any violation of law like plots / lards / 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 relcvant statutory provisior-tsl that registration of the same is subject to oLltcolne of orclers of thc Honble supreme court in SLP (Civil) No.

19695 of 2O21.

To rhar effect, a-n endorsement shall be made on the reverse side of thc first / second pagc of the document 6u-rd also in thc encumbrance record, website etc.

The miscellaneous petitions pending, if any, shall stand closed There shall be no order as to costs. ,TRUE COPY// SD/.K.SAILESHI ASSISTANT REGISTRAR ;.

SECTION OFFICER To, 1 The Princioal Secretary, Reglstration and Stamps Department' Secretariat' ' ;RKR ;#;^.

St"t" ot t"tJng"na HYderabad TS . -.

Z ine SrU-negistrar, Champapet Rangareddy Dltlt'tl' '.ti-. .

3.

The commissioner and tnspeiio, Geieral.

Regisratron and stamps, Hyderabad' TS. + 6"ne CC to SRl.

PALLE NAGESWAR RAO Advocate [OP-UC] ; il;;'i;GF ron nssriintri oovrnruuENr PLEADER FoR REVENUE , High Court for ihe state of Telangana at Hyderabad [oUTl 6.

Two CD Copies 7.

One Spare CoPY **2" PB \ HIGH COURT DATED:2310212022 ORDER WP.No.9096 of 2022 DISPOSING OF THE WP WITHOUT COSTS 1r,' t o (.) 2 5 tllirq 2oZ o