M/s. ESTEEM DEVELOPERS vs The State of Telangana and 2 others

PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITIO N NO: '10961 OF 2022 Between: AND 1 tt//s.

ESTEEIt4 DEVELOPERS, Rep., by its Managing Partner, Dayam Venkat Reddy, S/o.

Late Bhagavan Reddy, Aged about 57 years, H.No 11-13- 13711403, Dwaraka Nagar, Astalakshmi Temple Road, Kothapet, Saroornagar, Rangareddy District, TS. ...PETITIONER 2 The State of Telangana, Rep., by its Principal Secretary, Registration and Stamps Department, Secretanat.

BRKR Bhavan, Hyderabad, TS.

The Sub-Registrar, Champapet, Rangareddy District, TS.

3.

The Commissioner and lnspector General, Registration and Stamps, Hyderabad, TS.

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 order, writ or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in refusing to receive, register and release the sale deed presented by the petitioner in respect of open plot No.

536, in Sy.No.

90, admeasuring of 191 Sq.yards, known and called as GOLDEN HEIGHTS situated at Balapur Village, Balapur Revenue lr,4andal, Under Badangpet Municipality, Rangareddy District, on the grounds of lvlemo No.G2l257t2019. dated.26/08/2020 issued by the 3rd respondent for being illegal, arbitrary, without jurisdiction and contrary to the provision of the Registration Act, 1908 and in violation of Article 14 of the constitution of lndia' and consequently set aside the [r,4emo No.G2i25712019 daled 2610812020 issued by the 3rd respondent.

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF I\4ARCH TWO THOUSAND AND TWENTY TWO ..,RESPONDENTS /I /, 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 2nd respondent to receive, register and release the sale deed presented by the ed by the petitioner in respect of open plot No.

90, admeasuring of '191Sq.yards, known and called as "GOLDEN HEIGHTS" situated at Balapur Village, Balapur Revenue Mandal, Under Badangpet lr,4unicipality, Rangareddy District, without reference to lrilemo No.G2l2S7l2O19 dated 2610812020 issued by the 3rd respondent, pending disposal of the main Writ Petition, rn the interest of justice.

Counsel for the Petitioner: SRl.

PALLE NAGESWAR RAO Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER lA NO: 1 OF 2022 / IIOrr-OUItr\BLE SRI .ruSTICE B. \'I.IAYSEN REDDY \\'RIT PE ION No.

6l oF 202 OIIDER: Heard both sides and perused the material on record.

Z.

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 rnodified by the Order dated 22.02.2022 in I'A'No.2 of 2022 irt W.P.No.2985 of 2022 and batch, as such, this Writ Petition may be disposed of in tenns thereof.

Therelbre, following the Conl.non Order dated 18'02'2022 in W.P.No.328 of 2022 and batch, as nrodified by the Order dared 22'02 2022 in I.A.

No.2 of 2022 in W.P.No.2985 of 2022, in tenns thereof, this Writ Petition is disposed ofas 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 references to the Memo Nos.G2125712019 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/20'19 dated O'1 .1'1 2019 issued by the respondent - the Commissioner, Municipal Corporation' Nizampet to the respondent - the Sub Registrar' Quthbullapur, Ranga Reddy District, and similar letters' ( t_-r-' I 2 if any, issued by the various Municipal Commissioners in the State; (ii) the Sub Registrars in istrars in the State shall make an endorsement at the reverse side of the fjrst page of the document referred in direction No.(i) that regtstration so done is subject to outcome of SLP (Civil) No.1 9695 of 2021 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 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 statulory provisions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 ol 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.

The rniscellaneous petitions pending, if any, shall staud close(l There shall be no order as to costs. //TRUE COPY// SD/.

M.MANJULA ASSISTANT REGISTRAR "'.

SECTION OFFICER To, 1.

The Principal Secretary, Registration and Stamps Department, State of ^ Telangana, Secretariai, AR-KR ghavan, nvoerJOLO, tS. - '' 2.

The Sub-Registrar, Champapet, RangJied?jy Ditiit, fs. r. tne uommtssioner and lnspector General.

Registration and Stamps, Hyderabad, TS.

1 9n" CC to sr.

Pallenageswar rao, Advocate IOPUCI 5.

Iwo CCs to GP for Revenue, High Court for the Stat'e of Telangana. [OUT] 6.

Two CD Copies.

7.

One Spare Copy.

GB 4 \.16 t HIGH COURT ORDER WP.No.10961 of 2022 DISPOSING OF THE WP WITHOUT COSTS o H N 2 At .{ DATED:0410312022 jr1*'= ./';vstA'r4 oF I