Invitation Estates LLP vs State of Telangana and 3 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 PRESENT THE HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION NO: 10124 OF 2022 Between: lnvitation Estates LLP, Offlce # Sy.No.55/E, Sth Floor, Beside Golf View Apartments, Nanakramguda, Hyderabad, rep. by its Padner Sri Dushyant Aganval. ...PETITIONER AND 1.

2.

2 4.

State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat, Hyderabad.

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

The District Registrar, Revenue (Registration and Stamps) Department, Sangareddy District.

The Joint Sub Registrar-1 , Revenue (Registration and Stamps) Department, Ro' sangareddy District' ...RES''NDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Hlgh Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 4th respondent in keeping the document pending vide documenl No.P17212022 in respect of land bearing Sy.No.122 and its sub divisions total admeasuring 14520 sq. yards, situated at Velimela Village, Ramachand rapuram Mandal, Sangareddy District, on the basis of Memo No.G2125712019 dated 26.08.2020 issued by the 2nd respondent, as illegal, arbitrary, unjust, u nco nstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and set aside the same, and consequently direct the respondents 3 and 4 to register and release the pending document vide documenl No.Pl72l2022 in respect of subject plots without reference to the Memo No.G2125712019 dated 26.08.2020 issued by the 2nd respondent. espondent. il2il lA NO: 1 OF 2022 Petition unde r Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to direct the responde tts 3 and 4 to register and release the pending document vide document No.P/72'2022 in respect of land bearing Sy.No.122 and its sub divisions total adrteasuring 14520 sq. yards, situated at Velimela Village, Ramachand rapurar r Mandal, Sangareddy District, without reference to the Memo No.G2125712019 d rted 26.08.2020 issued by the 2nd respondent, pending disposal of the writ retition.

Counsel for the Pe :itioner: SRl.

MOHD.

MOIN AHMED QUADRI Counsel for the Re spondents: AGP FOR REVENUE The Court made th -. following: ORDER HONOURABLE SRIJUSTICE B, VIJAYSEN REDDY WRIT PETITION No.101 24 0F 2022 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 of 2022 in W.P.

No.2985 ot 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.32B of 2022 and batch as modified by the order dated 22.02.2022 in l.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.G2l257l2O'19 dated 26.08.2020 and 29.12.2O20 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01 . 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, 2 if any, i: sued by the various Municipal Commissioners in the State; (ii) the Sub Registrars in the State shall make an endorsr ment at the reverse side of the first page of the documr nt referred in direction 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; nd (iii) in r ase, it is found that there is any violation of law like plots i ands / 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 informi rg / cautioning the purchasers that risk is involved in purche se of such plots; such transactions are hit by relevant statutc y provisions; that registration of the same is subject to ouk ome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021 .

To that effect, an endorsement shall t: made on the reverse side of the first / second page of the document and also in the encumbrance record, websil : etc.

As a sequel thereto, miscellaneous petitions, if any, pending in t ris writ petition stand closed. ^33{;i^',.lYtE6['+Xil 'TRUE coPY// sEcrtot'ildiFlcER To.1.

The Principe secretary, Revenue (Registration and stamps) Department' State of Tdli ngana Secretariat' Hyderaoao - - 2.

The commi: sioner ",iJ rnJp"Cior',oeneral of Registration and stamps, Telangana, lYderabad. e. f[e D]striit t'egistraitevenue (Registration and Stamps) Department' Sanoareddt District.

4. irui;;iEJi 6'ils-iitrar-r, Revenue (Resistration and stamps) Department, i 1 5 o 8ft BT?,i' 3?1il3i:t.'"ft:,.

Ah med euad ri Advocate ro P U cl i'iii dc"'t. -dC tor Reren,j.j' High dourt for the statb of relangana at Hyderabad [OUT] Two CD Cc ries One Spare 3oPY 7.

B.

3oPY 7.

CHR $\d \ i- sTA lc HIGH COUR'I BVR,J DATED:2410i 12022 ORDER W.P.No.101',t4 of 2022 DISPOSINC OF THE WRIT PETITION WITHOUT (;OSTS o c}]' )a ,..1 \1 I I