Kontham Venkat Reddy vs THE STATE OF TELANGANA AND 3 OTHERS

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: 4357 OF 2022 Between: Kontham Venkat Reddy, S/o.

Kontham Bal Reddy, Aged about 38 years, Occ.

Business, R|/o.

H.

No.

4-61, Brahmanapally, Hayath Nagar Mandal, Thorrur, K.V.

Ranga Reddy - 50151 '1 , Telangana. ...PETITIONER AND 1 The State Of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

The Comrpissioner And lnspector General Of Registration And Stamps, I\iloza mjah i [r/a rket, Hyderabad, Tela ngana.

The District Registrar, Ranga Reddy District.

The Sub-Registrar, Vanastalipuram, Ranga Reddy District, ...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 Mandamus, declaring the action of the Respondent No.4 in refusing to receive, process to regist€r and release the Gift Deed presented by Petitioner in respect of Plot No.44, admeasuring an extent of 167 Sq.

Yds., or equivalent to 139.63 Sq.

Mtrs in Sy.

No 238 (part) out of total extent of Ac 02.22 gts, situated at Brahmanpally, Torrur Village, Hayathnagar Revenue Mandal, Ranga Reddy on the grounds of Memo No.

G2125712019, Dated 26.08.2020 issued by the Respondent No.2 as arbitrary, illegal, without any jurisdiction, contrary to the provisions of the Registration Act, and consequently to direct the Respondent No.4 to receive, process, register and release the Sale Deed presented by Petitioner in respect of Plot No.44, admeasuring an extent of 167 2 3.

4. / Sq.

Yds,, or equivalent to 139.65 Sq.

Ir/trs, in Sy.

No.23B (part) situated at Brahmanpally, Torrur Village, Hayathnagar Revenue Mandal, Ranga Reddy. nga Reddy. 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.4 to receive, register and release the sale deed presented by petitioner in respect of Plot No.44, admeasuring an extent of 167 Sq.

Mtrs in Sy no 238 (part) out of total extent of Ac.

02.22 gts situated at Brahmanpally Torrur Village, Hayathnagar Revenue Mandal, Ranga Reddy without reference to Memo No.

G21257120'19, Dated 26.08.2020 issued by the Respondent No.2 Pending disposal of the Writ Petition in the interest of justice.

Counsel for the Petitioner: SRI S.VIPLAV SIMHA REDDY Counsel for the Respondents: AGP FOR REVENUE / GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION No.4357 of 2022 ORDER 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 2OZ2 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.

3.

Therefore, following the common order dated Ig.02.2O22 in W.P.

No.328 of 2022 and batch as modified by the order dated 22.02.2022 in LA.

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., presented for registration by the petitioner/s without reference to the N4emo 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. ted 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, ,,-\ / Heard both sides and perused the materlal on record.

2 Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various lvlunicipal 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 20ZL 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 Iike plots / lands / structures being sold form part of F.T.L. and Buffer Zone / Plots having less than 30 felt road width access, the Sub Registrar shatl 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 reqistration 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. //TRUE COPY// SD/.K.VENKAIAH ASSISTANT REGISTRAR L l'1 SECTION OFFICER 1 2 The Principal Secretary, Revenue Department' State Of Telangana Secretariai, HYderabad The Commissioner And lnspectol General Of Registration And Stamps' Mozamjahi Market, Hyderabad' Telangana' To, \ 3.

4.

The Sub-Registrar, Vanastalipuram, Ranga Reddy District.

5.

One CC to SRI S.VIPLAV SIIVHA REDDY Advocate IOPUC] 6.

Two CCs to GP FOR REVENUE, High Court for the State of Telangana. lourl 7.

Two CCs to GP FOR STAIVPS AND REGISTRATION ,High Court for the State of Telangana. [OUT] 8. . [OUT] 8.

Two CD Copies.

9.

One Spare Copy. \. p GB co /. ( /t HIGH COURT DATED:2210212022 ORDER WP.No.4357 ol 2022 DISPOSING OF THE WP o t 1 itE S T4 r4: 01 APH 2022 !-\ :l)7 n +'. , t WITHOUT COSTS. i? ,J