Sumit Kumar Nahta 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: 4164 oF 2022 Between: Sumit Kumar Nahta, S/o.

Sumer Singh.

Nahta, aged 39 years, Rl/o. plot No.10, Gayathri Nagar Cotony, Jeedimeta, Ouihbuitap;; VIiiar, Hid;;b;d.- ...PETITIONER AND 1.

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By [s Secretary, Revenue (Stamps and Kegrsrrarron) uepartment, Secretariat, Hydeiabad.

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

The Sub-Registrar, Balanagar, lr,4edchal lValkajgiri District.

3 Petition under Artrcle 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Directron more particurarry one in the nature of writ of Mandamus decraring the action of the respondents in refusing to receive register the sale Deed submitted by the petitioner for registration with regard to the House No.10-1-16211lNR (prN No.1141004273) and House No..r 0-.1-162i1 (PTIN No.11410002a4) consisting of Ground prus 3 Upper Froors, on prot No.77, admeasuring 173 sq. yards, in Sy.No.15, situated at Fathenagar village, Balanagar Mandal, under GHMC Moosapet circre, Medchar Markajgiri District, on the ground of Memo bearing No.G2l257l2o1g dt.26-08-2020 issued by the 2nd ..,RESPONDENTS respondentrestrainingtheregistrationS,aShighlyillegal,arbitrary,contrarytothe ordersofthisHon'bleCourtinWP.No.g24Bof2o2landsetasidetheSameand consequently direct the 3rd respondent to receive' register and release the Sale Deed submitted by the petitioner for registration with regard to the House No 10- 1-162i1lNR (PTIN No.1141004273) and House No.1141000284) consisting of Ground plus 3 Upper admeasuring 173 sq. ng 173 sq. yards , in Sy'No'15' situated BalanagarlVandal,underGHMCl/loosapetMedchalMalkajgiriDistrict'without referencetothememosNo'G2/257l2o19dt.26.08.2020issuedbythe2nd respondent.

IANO: 1O F 2022 PetitionunderSectionl5lcPCprayingthatinthecircumstancesstatedin theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto direct the 3rd respondent to receive' register and release the Sale Deed submitted by the petitioner for registration with regard to the House No '10-1- No.10-1-'162/1 (PTIN Floors, on Plot No.77, at Fathenagar village, 162/1/NR (PTIN No.114'1 004273) and No.114'1000284) consisting of Ground plus admeasuring 173 sq. yards ' in Sy'No'15' Balanagar Mandal, under GHMC Moosapet Circle.

Medchal lvlalkajgiri District, without reference to the memos No'G2l257l2O1g dt'26-OB-2020 issued by the 2nd respondent pending disposal of the writ petition' Counsel for the Petitioner : SRI' N' M' KRISHNAIAH Counsel for the Respondents : AGP FOR REVENUE The Court made the following :ORDER House No,'10-1-162/1 3 Upper Floors, on Plot situated at Fathenagar (PTIN No.77, village, / THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.4164 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.32B of 2022 and batch dated 18.02.2022 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.

3.

Therefore, following the common order dated Ig.02.2022 in W.P.

No,328 of 2O22 and batch as modified by the order dated 22.02.2022 in I.A.

No.2 of 2O22 in W.p.

No.298S 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. gift etc., presented for registration by the pe tioner/s without reference to the t4emo Nos,G2/257 /2Ot9 dated 26.08.2020 and 29.72,2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNMC/2019 dated 01.11.2019 issued by rhe 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 subject to outcome of SLp (Civil) No.19695 of 20Zt fited by the Stare Government before the Hon'ble Supreme Court; and (iii) in case, it is found that there is any violation of law like plots / Iands / structures bejng 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 2OZt.

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.

SD/-T.KRI ASSISTAN NA KUMAR REGISTRAR //TRUE COPY// SECTION OFFICER The Secretary, Revenue (Stamps and Registration) Department' Secretariat' 1 2 Hvderabad. ii" i"rrit.i"ner and lnspector General of Registration and Stamps' Telangana State.

To, i,r,tl -' 3.

The Sub-Registrar, Balanagar, Ivledchal Malkajgirr District' +. on" cc to shl.

N.

M. shl.

M.

KRISHNAIAH, Advocate loPUCl 5 i;; cc, to cp FoR REVENUE, High court for the state of Telangana at Hyderabad. [OUT] 6.

Two CD CoPies 7.

One SPare CoPY TR BS v HIGH COURT DATED:2210212022 ORDER WP.No.4164 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 12 AFB 2022 1 ( z * t) .t. oo J{0 ;i;;,.h\ \