Sri.Singireddy Raji Reddy vs State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY ,THE THIRD DAY OF IVARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY Between: Sri.Singireddy Raji Reddy, S/o.

S.Narsimha Reddy, Aged .about 46..years, Occ :"Busin6ss, hlo.

H.No.t6-2-8, Kareemguda, Rampally, Keesara Mandal, [/edchal-Malkajgiri District. ..,PETITIONER AND 1.

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

2.

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

3.

The Sub-Registrar, Keesara Mandal lvledchal tt/alkajgiri 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'd respondent in not entertaining petitioner's sale transactions for registration on the basis of Memo No.G2l257t2O19 dated 26.O8-2020 issued by the 2nd respondent as illegal, arbitrary and in violation of orders passed in WP.No.9248 of 2021 daled 23.8.2021 and to consequently direct the 3'd respondent to receive , register and release the sale deeds pertaining to plots Nos.

168, 169, 170, 171,175, 176, 177,178,'1 79, 180, 181 ,182, 183, 184, 185 and 186 in the residential layout covered by Sy.Nos.232 , 234, 235, 236, 237, 238, 239, 340, 241 , 242 and 245 (as per revenue survey Nos.232lBlAlAa, 232lclAAlAA, 234lAalAa, 235lAalA' 236t Aal Aa, 2421 Al al AA,237 I Al Alw, 237 I I Aa, 237 I Al Aa, 237 I Al A' 23Bl Al Alw' 23BlAlE, 23BtAlAa, 23BlAa, 238lAlA, 239lAlAl2, 239lAa, 239lAlAa, 23BlAlA' WRIT PETITION NO: 829 OF 2022 24OtAlAl2, 240lAa' 24OtAlAa, 24OlAtA, 241tAlAt2' 241lAtAa' 24llAalAa' 241tAtA, 241lAlAA, 24 245l2tA), situated at S MuniciPalitY, Keesara notwithstanding the M respondent. espondent.

5 I 1 t A, 245 t 1 I Aa' 245 I 2t E,2451 2lEe' 245 I 2l Aa' 245 I 1 I e and ri Ram Nagar Colony of Rampally Village' Under Nagaram Mandal, Medchal-tr'4alkaigiri District' Telangana State emo No.G2l257l2019 dated 26'08'2020 issued by the 2nd petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased To direct the 3'd respondent to receive' register and release sale deeds of the petitioner in respect of plots Nos 168' 169' 170' 171' 175' 176' 177' 178' 179' 180, 181 ,182, 183,184' 185 and 186 in the residential layout covered by Sy.Nos.232, 234,235,236' 237' 238' 23g' 340' 241 ' 242 and 245 (as per revenue survey Nos 232lB/A/Aa' 232l)lAAtAA' 234tAalAa' 235lAalA' 2361 Aal Aa, 2421 Al al AA,237 t At Alw' 237 t t Aa' 237 I At Aa' 237 I Al A' 238/A/Aiw' 238tAtE, 23BlAlAa' 238tAa' 23BtAtA' 23gtAtAt2' 23glAa' 239lAlAa' 238/A/A' 24OlAtAl2, 24OlAa, 24OtAtAa' 24OtAlA' 241lAlAt2' 241tAtAa' 241lAalAa' 241lAlA,241lAtAA,24511lA' 24511lAa' 245121E'245l2lEe' 245t2lAa' 2451 lle and 245l2tA), situated at Sri Ram Nagar Colony of Rampally Village' Under Nagaram Municipality, Keesara Mandal' Medchal-Malkaigiri District' Telangana State withoutreferencetoMemoNo,G}:ISTl2olgdated26.0S.2020issuedbythe2nd respondent pending disposal of the Writ Petition' Counsel for the Petitioner : SRI' S V RAMANA Counsel for the Respondents : AGP FOR REVENUE The Court made the following : ORDER I lA NO: 1 OF 2022 HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY PETITION No.

8290F 2022 WRIT oRpER (ORAL) : Hearcl both sides and peruse<l the material on record' 2.

It is submittecl by the leameci 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. n 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 witl.rdraw the writ petition and (b) registration shall be subject to final result of the writ petition. (- 2 4.

In view of the above, recording the aforesaid submission of the leamed counsel on either side, following the common order dated 18.02.2022 in W .P .

No.328 of 2022 and batch as modifled by the order dated 22.02.2022 rn LA.

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: (A) If the subject document/s has/have already been registered and released pursuant to the interim older; (i) the docurnent/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon'ble Supreme Courl; and (ii) in case, it is found that there is any violation of law like plots / iands / structures being sold fbrm part of F.T.L. and Buffer Zone / Plots having iess 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'b1e Supteme Courl in SLP (Civil) No.19695 of 2021.

To that effect, an I / -) endorsement shall be made in the encumbrance record, website etc. (B) If the subject document/s is/are not yet registered and released pursuant to the interim order; (i) the respondent - Sub-Registrar is directed to register the docurrent of sale, transfer and gilt etc. gilt etc., presented for registration by thc petitioner/s without reference to the Merno Nos.G2 1257i2019 dated 26.08.2020 and 29.12.202(t issued by the respontlent - the Cornmissioner and lnspector General of Registration and Starrps, Telangana; Letter No.45/TP/NMC/201 9 dated 0l .

I 1 .2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizarrpet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and sirnilar 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 ofthe first page ofthe document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 202 I filed by the State Govemment before the Hon'ble Suprerne Court; and (iii) in case, it is lound that there is any violation of law like plots / lands / structures being sold form parl 4 of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall rnake an endorsement informing i 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 Courl in SLP (Civil) No.19695 of 2021.

To that ef-fect, an endorsement shall be made on the reverse side of the hrst / second page of the document and also in the encumbrance record, wcbsite etc.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed.

SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR SECTION OFFICER To, ,TRUE COPY// 1 .

The Principal Secretary, Revenue (Stamps and Registration) Department, Secretariate, State of Telangana, Hyderabad.

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

The Sub-Registrar, Keesara Mandal tvledchal il/alkajgiri District.

4.

One CC to SRl.

S V RAMANA, Advocate.

Advocate. [OPUC] 5.

Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad.[OUT].

6.

Two CD Copies 7.

One Spare Copy SB BS I HIGH COURT DATED:0310312022 ORDER o 1HE S 7-4 15 11 o d' I l h NlAt 20,,,i ::a WP.No.829 of 2022 * ,5ATcl'i FC DISPOSING OF THE WRIT PETITION WITHOUT COSTS. /,/ ),Y \ ilI