K.Yellaiah vs State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERAtsAD (SPecial O rigi nal J urisd i cti o n) FRIDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO:1273 OF 2022 Between: K.Yellaiah, S/o.late Advaiah aged a Weaker Section ColonY, BalaPur (V reqd.

AGPA Holder M/s.lvlanaruPa Diiector Sri M.Ramesh Babu S/o.late bout 69 vears, Occ.Retired, R/o.H.No.7-35, and M).- Ranqa Reddv District, rep. by his Ivleadows P .

Ltd rep. by its l/anaging Ir/.Gandaiah. ...PETITIONER AND 1 State of Telangana, rep. by its Principal Secretary, Revenue (Registration and Stamps) Depadment, Secretarlat, Hyderabad.

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

The District Registrar, Revenue (Registration and Stamps) Department, Ranga Reddy District.

The Sub Registrar, Revenue (Registration and Stamps) Department, SRO, Shamshabad, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 4th respondent in refusing to receive and register the documents presented by the petitioner in respect of land bearing land bearing Plot No.12, under Sy.Nos.103/59 and 103/60/E, situated at Shamshabad Village and Mandal, Ranga Reddy District, on the ground of Memo No.G2125712019 dated.26.08.2020 issued by the 2nd respondent, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and set aside the same, and consequently direct the respondents 3 and 4 to register and release the documents presented by the 2 3 4 petitionerinrespectofsubjectplotwithoutreferencetothel\'4emo No.G2l257t2O19dated.26.08. ted.26.08.2020issuedbythe2ndrespondent. lA NO: 1 oF 2022 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 respondents 3 and 4 to receive' register and release the documents presented bY the Petitioner in Sy.Nos.103/59 and 103/60/E, si Ranga ReddY District, without respect of land bearing Plot No 1 2 ' under tuated at Shamshabad Village and Mandal' reference to the Memo No 'G21257 12019 dated.26.08.2020 issued by the 2nd respondent, pending disposal of the writ petition Counsel for the Petitioner : SRI' MOHD MOIN AHMED QUADRI Counsel forthe Respondents : AGP FOR REVENUE The Court made the following : ORDER / I HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.

12'73 Olt 2022 ORDER (ORAL): Heard both siiies and perused the material on record.

2.

It is subrnitted by the leameti counsel on eithel side that subject rnatter 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 dated22.02.2022 in I'A'No 2 of 2022 in W'P'No'2985 of 2022 and batch, and therefore, keeping the rnatter pending will not serve any purpose, as such, the satne may be disposed of in terms thereof' 3.

This Court passed interim order in this writ petition directing the respondents to receive' "*t*' register and release the subject document/s' However, conditions were imposed that (a) the petitioneris is/are not permitted to withdraw ,n. *ri petltior, and (b) registration shall be subject to flnal result of the writ petition' 4. ln view of the above' recording the aforesaid submission of the learned counstl on ti't'-t' side' following the common order dated 18.02'2022 l" W'p'No'lZA of 2022and batch' as rlodified by the order dated 22'02'2022 i" I'A;"; o' '0"' rn w P'No'2985"tilll';':t"::i: thereof' this writ petition is disposed of as undet'' costs: documentls has/have alreac ave alreacly been registered and (A) lf the subject t ,l*rr.o pursuant ro the interi,r order: -"h-Reoistrar shall be rcrEdr--'tL'llii:axniliiiiqftJnii:r;iii's::* the Stat€ and &i:j':B::ffi :[k,="g',ffi Jfr{i;l':"{*[ access' ! \ l (B) lf the subject docutnent/s is/are not yet registered and released pursuant to the interim order; rnf orrn rnq/cautioning the purchasers that risk is involved tn :1";;::';i;;;h otts; such transactions are hit bv relevanl :i;t;i;;r"o;"J.]o,i.; in'i '"g''t'ation or the same is subiecl a""ri.,iti. "f "rders of the-Hon ble Supreme Court in SLP i7'..,ii"*" i rioss ol 2021 .

To that effect' an endorsement ;;ii'o";;;l; the encumbrance record' website etc' (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 reference to the Memo Nos.G2l25712019 dated 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and lnspector 9:lurgl .of_ Registration and Stamps, Tetangana; Letter No.45/TP/NMC/20.19 dated O1 .1 I .ZCit 9 issueO b"y the respondent-the Commlssioner, Municipal Corporation, l:.llr:] to_ the _ respondent_the 'iuo --d;;i;, uurnbu apur, Ranga Reddy District, and similar letLrs. if any, issued by the various Municipat c"rri.ri"""r.'i. jnu State; (rD, tne SuU Registrars in the State shall make an endorsement at the reverse siOe ot ine fu.i'p"g"'if tnu document referred in directron No.(j) that registration so done is subject to outcome "r sLp ict,, rj r,io idug., J,iioz trled by the State Governme uourt; and Int before the Hon ble supreme !l:,11 "i:" it is found thar there. is any viotarion of law tike ptols/lands/structures beino BLrtrer Zonelproi; ;;;:'i"'^:'0.,'o''^P"1 or F r L and access lhe sru n""irir"l":: lhan 30 feet road wioth inrorm insrcauttni"s'i;;" ;;;.:l:l- i:k: a n endorsement purchase or.r"n piotr,". n piotr,".SJncna-sers that risk is rnvolved rn trfi$**i*{+,-*ffi As a sequel thereto, miscellaneous petitions, if any, pending in this losed. wr{-psqislll4ndc .l \ ASSISTiflfTXEffiiH //TRUE COPYII T SECTION OFFICER J3s,"5,:?gii3i"'!,??u;TiJi::fi ,,f""g;:sl,on and stamps) Department, *i"rtr?ff itjs::if,to Inspector Generar or Resistration and stamps, To, 1 2 ---.--- ?\' 3.

4 The Sub Reqistrar, Revenue (Registration and Stamps) Department, SRO' Shamshabad, Ranga ReddY District 5.

One CC to SRl.

MOHD IUOIN AHtvlED OUADRI' Advocate lOPUCl 6.

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

7.

Two CD CoPies 8.

One SPare CoPY SB\ BS \ HIGH COURT DATED:04 t03t2022 ORDER WP.No.12T3 of ZO22 DISPOSING OF THE WRIT PETITION ^\ 17LAry o ,,,,,, t,,i !.:.' , s \- \ 3 WTHOUT COSTS. [r O) \\-i