Katukam Prameela vs The state of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF N/ARCH TWO THOUSAND AND TWENTY TWO Betwee n: '1 .

Katukam Prameela, W/o.

Katakum lvlallaiah, Aged.

52 yrs, Occ: Household, Rio.

H.

No 27-39517, Hamaliwada, lr,4ancherial Town and Dist.

2.

Akula Posham, S/o.

Ramaiah, Aged.

70 yrs, Occ: Rtd.

SCCL Employee, Rio.

27-39519.

Hamaliwada, Mancherial Town and Dist.

3.

Akula Dilip, S/o.

Posham, Aged.

47 yrs, Occ: Business, Rlo.27-39519' Hamaliwada, Mancherial Town and Dist.

4.

Boddula Suguna, W/o.

Late Ramaswamy, Aged.50 yrs, Occ: Household, R/o.

Hamaliwada, Mancherial Town and District. ...PETTTTONER(S) AND 1 The state of Telangana, Rep by its Principal Secretary, Stamps qnd registration Departhent., Secretariat Buildings, CRKR Bhavan, Tank Bund Hyderabad.

The Commissioner and lnspector General of Registration and Stamps, l\/.J lvlarket., Hyderabad, Telangana State.

The Sub-Registrar, Mancherial Mandal, Mancherial 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 issued an appropriate Writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deeds presented by the petitioner in respect of a house plots, bearing plot No.

109 measuring 180 Sq. yards, plot No.

110 measuring 200 Sq. yards, plot No.

11'l to 121 measuring 166.66 Sq yards, 2 3 PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 10405 OF 2022 plot No.

124to 127 measuring 166.66 Sq. yards, plot No.

128 and 1|29 measuring 222.22 Sq. yards, plot No.130 to 140 measuring i66.66 Sq, yards, plot No.

141 measurlng situated at 200 Sq. yards measuring 200 Sq. yards, situated at Sy No.

345. y No.

345. l\,4ancherial Village and Ir/andal, Mancherial District, within the limits of Mancherial Municipality, on the Ground of Memo bearing No.

G2t2s7l2o1 9 dated 2610812020 and 2911212020 issued by the 2nd respondent as illegal, arbitrary , without jurisdiction, contrary to the provision of Registration Act-1908 ,and violation of Articlel4 of constitution of lndia, and consequently direct the 3rd Respondent to recelve.

Register and release the sale deeds presented by the petitioner without reference to lvlemo bearing No.G2l257l2o19 dated 2610812020 and 2911212020 issued by the 2nd respondent.

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 herein to receive , register and release the sale deeds presented by the petitioner in respect of a house plots, bearing plot No. .109 measuring 180 Sq. yards, plot No.

1 10 measuring 200 Sq. yards, plot No.

1 1 1 to 12'1 measuring 166.66 Sq. yards, plot No.

124 to 127 measuring 166.66 Sq. yards, plot No.

128 and 129 measuring 222.22 Sq. yards, plot No..130 to i40 measuring 166.66 Sq. yards, plot No.

141 measuring 200 Sq. yards, situated at Sy No.345, situated at Mancherial Village and Mandal, l\,4ancherial District, within the Iimits of Mancherial Municipality, without reference to lr,4emo bearing No.G2125712019 dated 2610812020 and 29h2t2O20 issued by the 2nd respondent. lA NO: 1 OF 2022 Counsel for the petitioner(s) : SRl.

D.

MANOHAR RAO Counsel for the Respondents : AGp FOR REVENUE The Court made the following : ORDER HONOURABLE SRI JUSTICE B' VIJAYSEN REDDY ORDER: Heard both sides and perused the material on record' 2.

It is submitted by the iearned 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. n W'P' No.328 of 2022 and batch dated 18'02' 2022 as modified by the order daled 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 lB.O2.2o22in W'P' No'328 of 2022 and batch as modified by the order dated 22'02'2022 in I A' No'2 ol 2022 in W'P' No.2985 of 2022, in terms thereof' this r'vrit petition is disposed of as under rvithout any order as to costs: (i) The respondent - register the document of presented for registration Sub-Registrar is directecl to sale, transfer and gift etc ' bv the Petitioner/ s withottt references to the Memo Nos.C2l257l2019 (lated W.P.No.1O4O5 OF 2022 2 26.O8.2O2O ar.d 29.12.2O2O issued by the respondent - the Commissioner and Inspector Ceneral of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2o19 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, 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 lirst page of the document relerred il.l directiorl No.(i) that registration so done is subject to outcome of SLP (Civil) No.

19695 of 2021 filecl b]' the State Government before the Honlcle Supreme Court; and (iii) in case, it is lound that there is any violation oI law Iike plots / lands / structures bcing sold form part of F,T.L. an(l Buffer Zone / Plots having lcss than 30 Ieet road rviclth access, the Sub Registrar shall make an endorsement it.rforming / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevarlt statutory provisions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in Sl,P (Civil) No.19695 of 2021.

5 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, iI any, pending in these writ petitions stand closed' ,TRUE COPYII SD/-K,ONESIM ASSISTANT REGISTRAR SECTION OFFICER To, 1 2 The Prrnclpal Secretarv.

Stamps and registration Department., Secretariat Buttdinss.

GRKR Bhavan stri" o; i;i;;;"l,irffiJ"o Hyderabad.

The Commissioner and tnsoector Gener;l of Re;i;t;;on and Stamps, lvl.J lVarket..

Hyderabad.

Telangana State.

4 5 iyi"i;il$ $ffi#if ffi".fl s:## :ffii!:i:, re a n s a n a a t wo CD Copies one Spare bopy 6.

7.

TIT BSef HIGH COURT DATED:0210312022 ORDER WP.No.10405 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 5a HE S l.^i; U ( .)3 25 MAB 2022 7- lr4arket., HyderaDaLl, rErdr rvq' ru v!"'- -4.