M/s. ESTEEM DEVELOPERS 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 SRI JUSTICE B.VIJAYSEN REODY WRIT PETITION NO: 9208 OF 2022 Between: 1. tV/s.

ESTEEM DEVELOPERS, Rep., by its Managin Reddy, S/o.

Late Bhagavan Reddy, Age H.No.

1 1-13-13711403, Dwaraka Nagar, Astalakshm Saroornagar, Rangareddy District, TS. g d Partner, Dayam Venkat about.

57 years, i Temple Road, Kothapet, ...Petitioner AND 1 The State of Telangana, Rep., by its Principal Secretary, Registration and Stamps Department, Secretariat, BRKR Bhavan, Hyderabad, TS.

The Sub-Registrar, Champapet, Rangareddy District, TS.

The Commissioner and lnspector General, Registration and Stamps, Hyderabad, TS. ...Respondents Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an 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 and release the sale deed presented by the petitioner in respect of open plot No.

385, in Sy.No.

90, admeasuring of 180Sq.yards, known and called as "GOLDEN HEIGHTS" situated at Balapur Village, Balapur Revenue Mandal, Under Badangpet l\,4unicipality, Ranga Reddy District' on the grounds of Memo No.G2 125712019, dated.26108/2020 issued by the 3rd respondent for being illegal, arbitrary, without jurisdiction and contrary to the provision of the Registration Act, '1 908 and in violation of Article 14 of the constitution of lndia, and consequenfly set aside the Memo No.G2125712019 daled 2610812020 issued by the 3rd respondent.

2 3 t / ld.---- N oF 0 2 t in the circumstances stated Petition un( er Section '1 51 CPC Praying tha h Court may be Pleased to ort of the Petition' the Hig d release the sale deed in the affidavit fil€ d in suPP direct the 2nd r asponden in re nden in resp t to receive ' ect of Plot No 385' in register an Sy.No.

90, admeasuring of GHTS, situated at BalaPur presented bY Peti ioner' and called as GOLDEN HEI tr/luniciPalitY, Ranga Reddy 180 Sq.Yards' kt 'own Village' Revenue Balapur lvlandal under Badangpet emo No'G2/25712019' dated. titio n, 26/08/2020 issued in the interest District' without eference to M disPosal of the main Writ Pe by the 3rdresPor dent' Pending of lustice' Counsel for the Counsel for the The Court madt Petitioner : SRI' PALLE NAGESWAR RAO ResPondents: AGP FOR REVENUE the following : ORDER 1 // I ili i / HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.92O8 OF 2022 ORDER: Heard both sides and perused the material on record.

2.

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 L8.O2.2O22 as modified by the Order dated 22.02.2022 in I.A.No.2 of 2022 in W.P.No.29B5 ol 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 of 2022 and 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 sa-le, transfer and gift etc., presented for registration by the petitioner/s without references to the Memo Nos.G2l257 /2019 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/ 20 19 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; i i i (ii) t he (ii) t he Sub Registrars in the State shall make arr 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 SLP (Civil) No.

19695 of 2O2l fi1ed by the State covernment befc'e the Hontrle Supreme Court; and (iii) :n case, it is found that there is any violation of law like plots / la rds / structures being sold form part of F.T.

L. and Buffer Zonr / Plots having less than 30 feet road width access, the Sub Regi ;trar shall make an endorsement it'rforming / cautioning the purc lasers that risk is involved in purchase o1'such plots; such tran, actions are hit by releveint statutory provisions; that regis:ration of the same is subject to outcome of orders of the Hon'rle Supreme Court in SLP (Civil) No.19695 of 2027.

To that effec , an endorsement shall be made on the rcverse side of the first / second page of the document altd a.lso in the encu nbrance record, r.lebsite etc. //TRUE COPY// Sd/.

K.

SAILESHI ASSISTANT REGISTRAR € SECTION OFFICER tI t To, SB 1.

The Prhcipal s rcretary, Registration and stamps Department, Secretariat, BRKR Bhavan, State ofTelangana ,Hyderabad, TS.

The Sub-Regis rar, Champapet, Rangareddy District, TS.

The Commissic rer and Inspector General, Registration and Stamps, Hyderabad, TS 4.

One CC to SRt PALLE NAGESWAR RAO, Advocate tOpUCl 5.

Two ccs to GF FoR REVENUE, High court for the Stite of rerangana at Hyderabad.[OU l] 6.

Two CCs to GF FOR STAIvtPS AND REGtSTRAT|ON, High Court for the State of Telangi na at Hyderabad. [OUT] 7.

Two CD Copies 8.

One Spare Cop ({ The miscel aneous petitions pending, if any, shall stand closed.

There shall be nc order as to costs.

HIGH COUR BVR,J DATED:2310212022 ORDER WP.No.9208 of 2022 Disposing cf the Writ Petition Without Co:;ts. t .-../ c c (a L: 14 l"'l\g 2022 a it I €a \