Sri Prabhat Kumar Singh vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO Betwee n: Sri Prabhat Kumar Singh, S/o Sachidanand Sin 81703, Aditya Coop HSG.

Soc, D.

N.

Nagar, Maharashtra Aged about 67 years, R/o S - 195, Andheri Mumbai, gh, CT ...PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.

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

The Sub-Registrar, Shankarpally, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of l\,4andamus declaring the action of the 3rd respondent in refusing to register the sale deed of the petitioner in respect of farm land bearing No.

G 56 1 admeasuring Ac.0-4.1322 Guntas in Pragati Green Heights situated in Sy No's 291D, 291C.

2914, 2918, 30/A, 30/D, 18, 17, 16, 14, 13, 6, 5 of Gollapally Village, Chevella fvlandal, Ranga Reddy District on the basis of Memo No.G2l257l2o1g dated 26-08-2020 and G2125712019 dated 29-12-2020 as illegal, arbitrary, and violative of Order in W.P No.

9248 of 2O21 and Art.

300A of the Constitution of lndia and to consequently direct the 3rd respondent to register and release the sale deed in respect of the land mentioned supra.

2 3 PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 9821 OF 2022 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 pteased to direct the 3rd respondent to register and release sale deed in respect of farm land bearing No.

G 561 admeasuring Ac.

O-4.1322 Guntas in Pragati Green Heights situated in Sy No's 29lD,29lC.

29lD,29lC.29lA,2glB,30/A, 30/D, 18, j7,16,14, 13, 6, 5 of Gollapally Village, Chevella Mandal, Ranga Reddy District without reference to Memo No.G2l25712019 dated 26-08-2020 and O2t2S7t2o1g dated 29-12-2020 issued by the 2nd respondent pending disposal of the Writ petition.

Counsel for the Petitioner:SRl.

SRICHARAN TELApROLU Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HONOURABLE SRIJUSTICE B.

VIJAYSEN REDDY ORDER Heard both sides and perused the material on record 2. lt 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 l.A.

No.2 o'f 2022 in W.P.

No.29B5 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

3.

Therefore, following the common order dated 18.02.2022 in W.P.

No.328 oI 2022 and batch as modified by the order dated 22.02.2022 in l.A.

No.2 ot 2022 in W.P.

No.29B5 o'f 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 lt/emo Nos.G2125712019 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/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, and similar letters, WRIT PETITION No.9821 OF 2022 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. ection No.(i) that registration so done is subject 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 Regrstrar 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 oI 2021 .

To that effect, an endorsement shall be made on the reverse side of the first / second page of the document and website etc. also in the encumbrance record, As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed SD/.B.SATYAVATHI ASSISTANT REGISTRAR /iTRUE COPYII SECTION OFFICER \ To, GB 1 2 3 4 5 6 7 Th_e Principal secretary, Reygnyg (stamps and Registration ) Department.

State_ot I etangana Secretariat, Hyderabad.

Tlp^^C_oIIi::lq!e!,ang tnspectorGenerat of Registration and Stamps, l erangana, Hyderabad.

The Sub-Registrar, Shankarpally, Ranqa Reddv District.

One CC to SRt.

SRTCHARAN TELAPROLU eOvocate 1OPUC1 Two CCs to GP FOR REVENUE,High Court for the Stdte of Tbtangana. tourl Two CD Copies.

One Spare Copy.

Nr HIGH COURT DATED: 2410212022 ORDER WP.No.9821 of 2022 DISPOSING OF THE WP WITHOUT COSTS. j-."=Bi.r ( />-- (c\ ) \---l \ 11.. \"\\'' ?2',- ,\^\Y <\r