Vadluri Srinivas vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 1874 OF 2022 Between: Vadluri Srinivas,S/o.

Lakshmikantham, Aged about 50 years, Occ.

Agriculture, Rl/o.

H.No.22-7p, Subhash Nagar, Khanapur, Khanapur [\/andal, Nirmal District, Telangana ..,PETITIONER AND 1- The State of Telangana, Rep by its Principal Secretary Stamps and Registration Department, Secretariat Buildings, BRKR Bhavan, Tank bund, Hyderabad.

2.

The Commissioner and lnspector General Of Registration and Stamps, lvl.J.

Market, Hyderabad, Telangana State.

3.

The Sub-Registrar, Khanapur Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deeds presented by the Petitioner in respect of Plots in Sy.No.

15Bl1Ol1 admeasuring to an extent ol Ac.2-O27 5 Guntas, Situated at Thimmapur Village, Khanapur Mandal, Nirmal District, on the Ground of Memo bearingNo.G2l25712}19 daled 261O812020 and 2911212020 issued by the 2m respondent as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act-1 908, and Violation of Article 14 of Constitution of lndia, and consequently direct the 3rd Respondent to receive, register and release the sale deeds presented by the Petitioner without reference to Memo bearing No.G2l257l2O19 dated 2610812020 and 2911212020 issued by the 2nd respondent ...RESPONDENTS lA NO: 1 OF 2022 Pedition under Section 151 CPC praying that in the circumstances stated in the affidzrvit filed in support of the petition, the High Court may be pleased pleased to direct the respondent No. ondent No.3 herein to receive, register and release the sale deeds presented by the Petitioner in respect of Plots in Sy.No.

15811011 admeasrrring to an extent of Ac.2-O27 5 Guntas, Situated at Thimmapur Village, Khanapur [r,4andal, Nirmal District, without reference to Memo bearing No.G2l2l>712019 dated 26.08.2O2O and 29.12.2020 issued by the 2nd respondent, pending Cisposal of the main Writ Petition, Counsel for the Petitioner : SRl.

THOOM SRINIVAS Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER { Ir HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY oRpER (ORAL) : Heard both sides and perused the material on record.

It is submitted by the learned counsel on either side that subject matter of this writ petition is squarely covered by the cornmon 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 thereoL 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 perition and (b) registration shall be subject to final result of the writ pctltron.

WRIT PETITION No.l874 OIr 2022 ) 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.32g of 2022and batch as modified by the order dated 22.02.2022 in I.A.

No.29g5 of 2022, in rerms thereof, this writ petition is disposed of as under, without any order as to costs: (A) Ifthe subject docurnent/s has/have already been registered and released pursuant to the interim order; (i) the document/s registered by the Sub_Registrar shall be subjecr to o bjecr to outcome of SLp (Civil) No.19695 of 2021 filcd by the State Covemment Suprerne Court; and before the Hon,ble (ii) in case, it is found that there is any violation o[ law [ike plots / lands / structures being sold form part o{'F.T.L. and Buffer Zone / plots having less than 30 t-eet road width access, the Sub Registrar shall make an e ndorsement informing / cautioning the purchasers that risk is involved such transactions are in purchase of such plots; hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the ffiiUIe Supreme Court in SI-P (Civil) No.19695 of 2021.

To rhat effect, an l 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 document of sale, transfer and gift etc., presented lor registration by the petitioner/s without reference to the Memo Nos.

G2l257 / 20 I 9 dated, 26.08.2020 and 29.

I 2.2020 issued by the respondent - the Comrnissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNMC/2019 dated 0t.l1.20t9 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet 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 shatl make an endorsement at the reverse side of the first page of the 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 Govemment before the Hon'ble Supreme Court; and (iii) in case, it is found thar rhere is any violation ol law like plots / lands / structures being sold form part I '+ of F.T.L. of F.T.L. and Bulfer Zone / Plots having less than 30 l'eet road width access, the Sub Registrar shall make an endorsement in lbrming / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that legistration of the same is subject to outcome ol orders ol 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 cncumbrancc record, website etc.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ pctition stand closed. ,TRUE COPY// SDIM.MANJULA DEPUTY REGISTRARS ti SEClON OFFICER To, 1.

The Principal secretary stamps and Registration D_epartment,. secretariat AuitOings, BRKR Bhavan, Tank bund, Th-e State of Telangana Hyderabad' 2. -Ihe Commissioner and lnspector General Of Registration and Stamps, M'J Market, Hyderabad, Telangana State.

Ihe Sub-Registrar, KhanaPur 4.

One CC to SRl.

THOOIM SRINIVAS Advocate IOPUCI 5.

Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana.At Hyderabad [OUT] 6.

Two CD CoPies 7.

One Spare coPY SJ PS ,,f,w HIGH COURT DATE.D:0710312022 ORDER WP.Nlo.1874 of 2022 DISPOSTNG OF THE WRIT PETITION WITIIOUT COSTS '3E STa 3 t C) 0 B sEP 2[2 7: ..,-, \i.-' I- ..,,: @ I I I "\bz XN%