Putta Ravi and another vs State of Telangana and 2 Others

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF TVARCH TWO THOUSAND AND TWENTY TWO Between: 2 AND Putta Ravi and another, S/o.

Chandraiah, Aged.

46 years, occ.

Agriculture, Rl/o. l-,t w9.-2.-Zp.

Subbaiahpatty, Somidi Kazipet, Hanamkond'a, Warangal d'istrict.

R6p. by its GPA Holder ft4adamsetti Roja Rani W/o.

M.Devender, aged.

49 years, bci.

Housewife, R/o H.No.

2-8-342t1, NGO s Cotony Near Bui Stop, Waddbpally, Hanamkonda, Warangal Distnct.

Ivladamsetti Roja Rani, W/o. lril.Devender, aqed H.No.

2-8-34211, NGO s Colony Near Bris Warangal District. .49 years, Occ.

Housewife, RJo.

Stop, Waddepally, Hanamkonda, ...PETITIONERS 1 2 3 State of Telangana, rep.by its Principal Secretary Revenue (Stamps and Registration) Department, Secretariate, Hyderabad.

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

The Sub-Registrar, Warangal (RO), Hanamkonda District. ...RESPONDENTS Petition under Arricre 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the.

High couri miy'ue pleased to issue any writ, order or drrection more particularly one in the nature or wiit or Mandamus declaring the action of the respondents No.3 in not receiving, processing, registering and releasing the document presented by the petitioner in respect of operi plot- Nos s6, t oo and 101 in sy.No, 1r3/EE situated at Devannapet village, Hasanparthy Mandar, Hanamkonda District-in view of the Memo No.G2l2st tzolg aabd 26t};,l2o2d as being illegal, arbitrary, violative of articles of 14,21 and 300-4 of the constitution of lndia, besides violative of principles of natural justice and contrary to the Registration Act, 19og and also inviolation of the orders passed by the Division bench of thjl Honourable court in writ Petition No. tition No.

9248 of 2021 and to consequen y direct the 3rd respondent to 1e-c-eive, process, register and release the sale deed in respect of open plot Nos 9g, 100and 101 in Sy.No.

113/EE situated at Devannapet Village, Hasanpaithy Mandar, Hanamkonda District, notwithstanding the Memo issued by the ind respondent. \ PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 1446 OF 2022 IA NO:10F 2 22 PetitionunderSectionl5lCPCprayingthatinthecircunlstancesstatedinthe affidavit filed in support ot the petition' ti-'e if igh Court may be pleased lo direct the- 3rd resoondent to receive, ptot"ti register and ielease the sale d€ed in respect ol open ffiiti;;si ;h-r"J r oi in 6v-i.ro "r r SleE siruated at Devannapet Village Hasanparthv il:il;l: H";".n""1, -oi"t'iJ] noj*itnit-oing the N'4emo issued t)v the 2nd respondent' pending disposal of the Writ Petition' Counsel for the Petitioners : SRI PARSA ANANTH NAGESWAR RAO Counsel forthe Respondents : GP FOR STAMPS AND REGISTRATION The Court made the following : ORDER -t{ HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY \\'RI'I'PETI'I ION No.

1116 0F 2022 ORDER (ORAL) : Heard both sides and perused the material on record' 2.

It is submitted by the leamed 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, and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terms thereof.

3.

This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the subject document/s.

However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petltl on. petltl on. ( 2 (A) Ifthe subject document/s has/have already been registered and released pursuant to the interim order; (i) the documenVs registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No 19695 of 2021 filed by the State Goverment before the Hon'ble SuPreme Court; and (ii) in case, it is found that there is any violation of law like plots / lands / 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 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 salne is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021.

To that effect, an 4.

In view of the above, recording the afbresaid submission of the learned counsel on either side, 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 it l.A.

No.2 of 2022 in W'P' No'2985 of 2O22,in terms thereof, this writ petition is disposed of as under' without any order as to costs: endorsement shall be made in the encumbrance record, website etc. (B) If the subject document/s is/are not yet registered and released (ii) the Sub Registrars in the State shall make an endorsement at the reverse side ofthe first page ofthe document 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; and (iii) in case, it is fbund that there is any violation of Iaw like plots / lands / structures being sold form parl J I pursuant to the interim order; (i) the respondent - Sub-Registrar is directed to register the docurnent ol sale, transfer and gilt etc., presented for registration by the petitioner/s without reference to the Merrio Nos.G2 125712019 dated 26.08. ted 26.08.2020 and29'12'2020 issued by the respondent - the Cornmissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/201 9 dated 01 ' I I .20 19 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; I \.

4 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 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 this writ petition stand closed.

SD/.K.SRINIVASA RAO JOINT REGISTRAR \ qb To, KS //TRUE COPY' SECTION OFFICER 1.

The Principal Secretary, State of Telangana Revenue (Stamps and Registration) oepartment, Secretariite, Hyderabad' 2.

The commissioner, and lnspector General of Registration and stamps' Telangana' Hyderabad 3.

The Sub-Registrar, Warangal (RO), Hanamkonda District' 4.

One CC to SRI PARSA ANANTH NAGESWAR RAO Advocate [OPUC] 5.

TWo CcS to GP FoR STAMPS AND REGISTRATIoN, High Court for the State of Telangana. [OUT] 6.

Two CD Copies 7.

One Spare CoPY t BS HIGH COURT DATED:03 t0312022 ORDER WP.No.1446 of 2022 DISPOSED OF THE WRIT PETITION WITHOUT COSTS, STAI c 1x j\ .+ \: f't_- :t 1. t.

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