P. Parimala vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) TUESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESE NT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRI PETITION N 4514 0F 22 Between: AND 1 P.

Parimala, W/o P.Venkatesh Goud, Aged 46 years, Occ Housewife, R/o.Plot No.66, Revenue Colony, Gadwal Tolwn, Jogulamba Gadwal District ,PETITIONER Ttle State of.Telangana, Re-p by its Principal Secretary, Revenue Department (Stamps and Regislration ) Secretariat.

Hyderabad.

The Commissioner and lnspector General of Registration and Stamps.

D.No.5-3-953, NizamShahr Road, ltr]ozamzahi l\,1arket, Herza Estate, Risala Abdultah Colony.

Jambagh Hyderabad, Tetangana 500095 The Sub-Registrar, Gadwal, Jogulamba Gadwal District.

2 3 ...RESPONDENTS Petilion under Na,tcle 226 of the 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 MANDAI\,4US declaring the inaction of the 3rd respondent herein in receive, register and release the documents in respect to plot Nos.1, 2, 3, 4, 5, 6,7,8 and 9 in Sy.

No.738 situated at leeja Village limits, leeja Mandal, Jogulamba Gadwal District as being illegal, arbitrary, violation of provisions of the registration Act, 1908, discriminatory and unconditional contrary to law and violative of Article 14 and 21 of Constitution of lndia. lA NO: 1 OF 2022 Petition und( r Section 151 CPC praying that in the circumstances stated in the affidavit filed in ;upport of the petition, the High Court may be pleased to direct the 3rd Responder receive. register and release the documents in respect to plot Nos 1, 2, 3, 4.

5, € 7, B and g in Sy No.738 situated at leeja Village I nlits. leela l\4and.rl.

JogLrlarnb Gadwal District wilhout referflng the lr4emo No G2t25712019 Dated 26 0B 2020 ;sued by the Respondent No 2. dent No 2.

Counsel for the P( titioner: SRI PRAVEEN KUMAR CHALLA Counsel for the Rr spondents: GP FOR STAMPS AND REGISTRATION The Court made tl e following: ORDER THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY ORDER Heard both sides and perused the mater al 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.328 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 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.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,G2l25712019 dated 26.08.2020 and 29.12.2O2O issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTP/NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, WRIT PETITION No.4514 of 2022 N zar )pet to the respondent Quth )u lla pu r, Ranga Reddy ette ,, if any, issued by Com rissioners in the State; () endc the reg is ( Civ Gov, - the Sub Registrar, District, and similar the various Munic pa re Sub Registrars ln the State shall make an 'sement at the reverse side of the first page of document referred in direction No,(i) that :ration so done is subject to outcome of SLP ) No.19695 of 202.7 filed by the State rnment before the Hon'ble Supreme Court; and To, (iii) n case, it is found that there is any violation of law ike plots I 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 ( ndorsement informing / cautioning the purchasers that risk is involved in purchase of such plots; sucl transactions are hit by relevant statutory pro\ isions; that registration of the same is subject to out( cme of orders of the Hon'ble Supreme Court ln SLP (Civil) No,19695 of 2021, To that effect, an ndorsement shall be made on the reverse side of the 'irst / second page of the document and also in the enc rmbrance record, website etc, As r sequel thereto, miscellaneous petitions, f any. pending n the wri jletition shall stand closed.

SD/.MOHD.

SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY// .L SECTION OFFICER The Princ )al Secretarv.

Revenr re Department (Stamps and Reqistralion) State of T ,langana, S5cretariat.

HvoJrjUJO. ' 2 The Comr tissioner and Inspector General of Registration and Starps.

9,\o,9-.3- rs3, Nizamshahi RoaO tr,toz-qzlni v'Jii"j, n-"2-""e-strt", ni.rra Abdullah r :olony, Jambagh, Hyderabad, relingi;J sb0b9S- -' 3.

The Sub-Registrar, Gadwal, Jogulamba Gadwal District' 4.

One CC to SRI PRAVEEN KUIVAR CHALLA.

Advocate [OPUC] 5.

Two CCs to GP FOR Stamps and Registration, High Court for the State of Telangana at HYderabad. [OUT] 6.

Two CD CoPies.

7.

One spare coPY.

NPJk HIGH COUR- DATED:2210: 12022 ORDER WP.No.4514 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

L STATF :JPAi .i d ' I tr'n flla a: A lr \ (