Baddula Srikanth Yadav vs The State of Telangana and 3 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) FRIDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO:11070 OF 2022 Betwee n: Baddula Srikanth Yadav, S/o. late Pochaiah, Aged about 43 years, Occ: Business, Rio.

H.No.

2-2-63611, Baghamberpet, Bharathnagar, Amberpet, ,UO.il3?1,r,O*.* AND 1.

The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Secretariat Buildings, Hyderabad 2.

The District Collector, Ranga Reddy District.

3.

The Revenue Divisional Officer, lbrahimpalnam Division, Ranga Reddy District ...RESPONDENTS Petition under Article 226 ol lhe 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 Mandamus declaring the action Respondent No.

4 in non- entertaining the registration and process and receive the document on the house of the Petitioner vide Door No.

2-6-71c12021101 , 2-6-7lcl2o21l1O2, 2-6- 71G12021103, 2-6-71c12021301 , 2-6-7lct202t31Z, 2-6-7lct2o2tS01 i.e. as per GHMC Assessment which is situated at Golden Heights Colony, Budwel village, Rajendernagar [tr'landal of Ranga Reddy District basing on the memo G2125712019 dated 28-06-2019 is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice violation of Articles j4, 15, 21 and 300A of the Constitution of lndia and consequently to direct the Respondent No.

4 to entertain lhe registration and process the same on the said land. lA NO: 1 OF 2022 Petitlon 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.4 to entertain the registration and process the same on Petitioner patta land admeasuring Ac.

0-31 gts in Sy.

No. in Sy.

No.

617/1, admeasuring Ac.0-19 gts Sy.No.

472lAal1, total extent of Ac.1- 10 Gts which is situated at It4achal revenue village shivar of Manchal lr,/andal, Ranga Reddy District, pending disposal of the writ petition.

Counsel for the Petitioner : SRl.

RAPOLU BHASKAR Counsel forthe Respondents: AGP FOR REVENUE The Court made the following : ORDER II()\oT.It.\BI,E SItI .IUSTICI.] B. \'I.I.\\ S[-\ It[-I)I)\' \\'l{l'I PE'l ll lO;\.. }..o.l I070 Ol'l{}22 OIt D I.- R Ileald both sides and yrerusecl the rnaterirl on lecot'd.

2.

It is submitted by the learned counsel on either side that sub.ject rnatter of this Writ Petition is squarely covered by the Comrnon Order passed by this Cour-t 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 in W.P.No.2985 of 2022 and batch, as such, this Writ Petition may be disposed of in tenns thereof.

Therefore, following the Comrnon Order dated 18.02.2022 in W.P.No.328 of 2022 ancl batch, as rnodified by the Order datecl 22.02.2022 in I.A.

No.2 of 2022 in W.P.No.2985 of 2022. in ter.n.rs thereof. this Writ I)etition rs disposeci ol- as uncler rvithout any oruler as ro 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 l/emo Nos.G2125712019 dated 26.08,2020 and 29.12.2020 lssued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 0'1.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, 2 if any, issued by the various lvlunicipal Commissioners in the State; (ir) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document referred in direction No. ection 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 found that there is any violation of law like plots / Iands / 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 same is subject to outcome of orders of the Hon'ble Supreme Court jn SLp (Civit) 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 misccllancoLls lretitiolls penclin-u. if any. shall stand closecl l here shall be no older as to costs.

SD/.T.KRISHNA KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1.

The Principal Secretary, Stamps and Registration Department, Secretariat, Secretariat Buildings, State of Telangana, Hyderabad.

The Revenue Divisional Officer, lbrahimpatnam Division, Ranga Reddy District.

4.

One CC to SRl.

RAPOLU BHASKAR, Advocate. [OPUCI 5.

Two CCs to GP FOR REVENUE, High Court for the State of Tetangana at Hyderabad. [OUTI 6.

Two CD Copies 7.

One Spare Copy \ To, 'tR HIGH COURT DATE D :04 10312022 ORDER WP.No.11070 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS $E Si,q Id- q Joo r: ' 25 }4AB 2022 +