Sri.Bathula Venkatesh Goud 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 Between: 1.

Sri.Bathula Venkatesh Goud, S/o.

Late Shankaraiah Goud, Aged about 50 years, Occ.

Business, R/o.

H.No.

Kundanpally Village, Keesara fVlandal, Ranga Reddy (Now Medchal-lt/alkajgiri District).

2.

Smt.Utkur Bharathamma, W/o.

Late Hanumanth, Aged about 66 years, Occ.

Household, R/o.H.No.4-32, W.S.Colony, Ahmadguda, Keesara lVIandal, Ranga Reddy (Now Medchal-lValkajgiri District).

3.

Smt. [,4erugu Padma, W/o.Balraj D/o.Bommani Bhagyamma, Aged about 55 years, Occ.

Household, R/o.

H.No.B-143, L.N.Colony, Annojiguda Pocharam, Ghatkesar [t/andal, Medchal-Malkajgiri District.

4, Smt.

Ambagoni Mangamma, Wo.

Late Ramulu, D/o.

Bommani Bhagyamma, Aged about 55 years, Occ.

Household, Fl/o.

B-143, L.N.Colony, Annojiguda Pocharam, Ghatkesar Mandal, Ir/edchal-l\/alkajgiri District. ...PETITIONERS AND 1 2 The State of Telangana, Rep., by its Principal Secretary, Revenue Depaft ment, Secretariat, Hyderabad The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad, The Sub-Registrar, Keesara, Medchal-Malkajgiri District 3 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of l\,4andamus, declaring the action of the Respondents No.

3 in refusing to receive register and release the sale deed presented by the Petitioners towards the Plot Nos.

107, 108, 109, 110, 111, 112, 113, 114, 115, 117,118, 119, 120, 121 ,122, 123, 124, 125, 126, 130, 134, 135, 136, 137, 38, 139, 140, 141 , 143, 144, 145, 146 in Sy.No.

54 to 62 an extent of Total admeasuring 4526.00 Sq.

526.00 Sq.yards, situated at Ahemedguda Village, Keesara Ivlandal, Keesara Sub-Registrar, Medchal It/alkajgiri (Ranga Reddy) District, in pursuant to the IMEMO No.

G2125712019, dated.

2610812020, issued by the Office of the Respondent No.2, under Prohibition of registration of unauthorized plots WRIT PETITION NO: 9435 OF 2022 and buildings against the Petitioners Plots, as arbitrary, illegal, without any jurisdiction contrary to the Provisions of the Registration Act 1908 and in violation of Article 14 of Constitution of lndia and consequently direct the Respondents No.3 herein to receive register and release the sale deed presented by the Petitioners in respect of their land, without reference to letter l\,4EMO.

No.

G21257t2019, daled.2610812020, issued by the Office of the Respondent No.2, 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 pleased To direct the Respondent No.3 to receive register and release the Sale Deed/s Presented by the Petitioners in respect of the Plot Nos' '107, 108, 109, 110' 111' 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 130, 134, 135, 136, 137,138, 139,140,141 ,143,144,145,146 in Sy.No.

54to 62 an extent of Total admeasuring 4526.00 Sq.yards, situated at Ahemedguda Village, Keesara I\rlandal, Keesara Sub-Registrar,lvledchal lVlalkajgiri (Ranga Reddy) District, without reference to MEIr/O No.

G212571201 9, dated.

2610812020, issued by the office of the Respondent No.2, pending disposal, of the above writ Petition and grant Counsel for the Petitioners : SRl.

TALLA AJAY KUMAR GOUD Counsel for the Respondent Nos.1 to 3 : GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No,9435 of 2022 ORDER Heard both sides and perused the material on record.

2. 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 18.02.2022 as modified by the order dated 22.02.2022 in I.A.

No.2 ot 2022 in W.P.

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

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.29B5 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,G2/257 /2019 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 the respondent - the Commissioner, I\4unicipal Corporation, 2 As a sequel thereto, miscellaneous petitions' if any' pending in the writ petition shall stand closed' essrs,o*?%5ssr$Xt sEcTtoN o?rrcee I'TRUE COPYi/ o{ Telangana' Department' State Revenue lnsPector 1 To, H*#Ht;lt"t':!'""ii" Genera\ oi Registration and starnps' 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 flrst page of the document referred in direction No'(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2OZl 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. 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 2027' 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' \ 3.

The Sub-Registrar, Keesara' Medchal-lt/alkajgiri District' 4.

One CC to sRl.

TALLA AJAY KUMAR GOUD, Advocate [oPUC] 5: i;; ccs to GP FoR STAIMPS AND REGlsrRATloN, High court for the State of Telangana at Hyderabad. [OUTI 6.

Two CD Copies.

7.

One Spare Copy.

JS BS q'"Y dr-. \ DATED:2210212022 ORDER WP.No.

9435 ot 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS f 10fi fiPi I0?2 ;i-,./ HIGH COURT