Rayappagari Stanley David vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 5176 OF 2022 Between: Rayappagari Stanley David, S/o.

Rayappagari John Bhaskar, Aged about 50 years, Occ: Business, resident of H.

No.1-1-385/9/'1 , Sri Lakshmi Chakra Residency, Gandhi Nagar, Secunderabad, Hyderabad 500080. ...PETITIONER 1.

The State of Telangana, Rep. by its Principal Secretary Revenue Department at Secretariat, Hyderabad, Telangana.

2.

The Commissioner and lnspector, General of Stamps and Registration, Mozamjahi Market, Hyderabad, Telangana500095.

3.

The Sub Registrar, Quthbullapur, SRO office at Quthbullapur, 1 Suraram X Road, 1-303/1 ,Suraram Main Road, Quthbullapur Suraram, Hyderabad, Telangana-500055. sl Floor, Ma nda l, .,,RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an Order or Direction more particularly in the nature of Writ of Mandamus. a.

To declare the action of the 3rd Respondent who denied to receive, register and release the sale deeds of the Petitioner in respect of the Semi Finished Flat No.

403 in Fourth Floor, of KARTHIKEYA HEIGHTS with a Plinth area of 1030.0 Sft., (lncluding common area and one Car Parking, with an Undivided Share of land admeasuring 24.3 Sq. yds (our of 486.0 Sq Yards), on Plot bearing Nos.7 and 8, in Survey Nos.

198,200,205,212,250,249,254,252, 203,204,248,249,281 ,251 ,272 and 297, Boundaries for Plot, North.30 Wide Road, South.

Plot No.6 and Neighbours Land, East.

Plot No.9 West.33 Wide Road and Boundaries for Flat, North.Open to Sky, South.

Open to Sky, East.Open to Sky, West.Corridor, Staircase and Lift, situated at Mallampet Village, Dundigal - AND Gand ima isam ma No. sam ma No.G2125712019, Mandal, Medchal-Malkajgir District' dated 26lOBt2O2O and 2911212o2o' citing issued the Memo by the 2nd IA NO: 10F 2022 Petition under Section 151 CPC PraYlng that in the circumstances stated in the affidavit filed in support of the petition' the Hig h Court maY be Pleased to direct the 3rd ResPondent to receive, register and release the sale deeds of the Petitioner in resPect of the Semi Finished F KARTHIKEYA HEI GHTS with a Plinth area of 1030 0 Sft (lncluding common area and one Car Parking, with an Undivided Share of land admeasuring 24.3 Sq.

Yds (our of 486.0 Sq Yards), on Plot bearing Nos T and 8, in Survey Nos, 198, 200, 205, 212, 250,249,254, 252, 203, 204, 248, 249, 281 ' 251 , 272 and 297 ' Boundaries for Plot, North.30 Wide Road, South.Plot No:6 and Neighbours Land, East.

PlotNo.g West'33 Wide Road and Boundaries for Flat, North.

Open to SkY, South.Open to SkY, East.

OPen to Sky, West.Corridor, Stairc ase and Lift, situated at MallamPet Village, Dund District. igal- Gandimaisamma Mandal, Ir,4edchal-Ma kajgir Counsel for the Petitioner : SRI' SUDARSHAN MALUGARI Counsel for the Respondents : AGP FOR REVENUE The Court made the following: ORDER lat No.

403 in Fourth Floor, of Respondentasillegal,arbitraryandunconstitutionalandagainsttheprinciplesof naturaljusticeandagainsttheArticle300AoftheConstitutionoflndia.b' Consequentlydirectthe3.dRespondenttoreceive,registerandreleasethesale deeds of the Petitioner, in respect of the Semi Finished Hat No 403 in Fourth Floor,ofKARTHIKEYAHEIGHTSwithaPlinthareaofl030.0Sft',(lncluding common area and one Car Parking, with an Undivided Share of land admeasuring 24.3 Sq. yds (our of 486.0 Sq Yards), on Plot bearing Nos T and 8' in Survey Nos' 198, 200, 205,212,250,24g,254,252,203,204' 248', 249' 281 ', 251 ' 272 and 2gT,BoundariesforPlot,North30WideRoad'SouthPlotNo6&Neighbours Land,East.PlotNo.gWest.33WideRoadandBoundariesforFlat'North'Opento Sky, South. ky, South.

Open to Sky' East Open to Sky' West Corridor' Staircase and Lift' situatedatMallampetVillage,DundigalGandimaisammaN'4andal'Medchal- Malkajgir District' in the interest of Justice' THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY 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.328 of 2022 and batch dated 78.02.2022 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. l 3.

Therefore, following the common order dated 78.02.2022 in W.P.

No,32B of 2022 and batch as modified by the order dated 22.02.2022 in I.A.

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 reference to the Memo Nos.G2l257 /2OL9 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, WRIT PETITION No.5176 of 2022 ) 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 subject to outcome of SLP (Civil) No.

Civil) No.19695 of 202L 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 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 the writ petition shall stand closed.

I . ,l //TRUE COPY// SD/.PADMANABHA REODY ASSISTANT REGISTRAR SECTION OFFICER 1 2 The Principal Secretary , Revenue Department at Secretariat, State of Telangana, Hyderabad, Telangana.

To, 3.

The Sub Registrar, Quthbullapur, SRO office at Quthbullapur, 1't Ftoor, Suraram X Coad.

1-303/1 ,suraram tvlain Road, Quthbullapur Mandal, Suraram, Hyderabad, Telangana-500055.

4.

One CC to SRl.

SUDARSHAN IUALUGARI, Advocate.

IOPUC] 5.

Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad.IOUT].

6.

Two CD Copies 7.

One Spare CoPY SB BS .T tJ HIGH COURT DATED:2210212022 ORDER WP.No.5176 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ) I I QA *: {- => \