Mallampati Veera Reddy and 3 Others vs The State of Telangana and 3 Others

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 P tTto NO: 077 0F 022 Between: 1.

Mallampati Veera Reddy,aed+€H+eee , S/o Ragha-va Reddy' Aged about 39 y^e-ars' Occ' ' $ft*#t";;;;"i, ni"lh GlsE+ri,latiionai lv) and (M), Guntur District-522236.

2.

Venu Madhava Reddy Yendreddi, s/o.

Y. sambi Reddy,.Aged about 39 years,-occ ^R/o' ' i.N;.ilo:'nloolu -eZ.rr, plililti,l virruge, lnulium Mandal' Guntur District'522236' 3.

Bhashyam Kiran Kumar, S/o.

Ramesh, Ag-ed.about.30 vears' Occ' Employee' RJo' H-No.6-3.

Near Venugopatis*"'v i"rnpt","pedaparimi Villlge' Thulium Mandal' Guntur District-522236.

4. venkata Krishna Reddy Kunduru, s/o.

K.

Anji- Reddy, Aged about 45 years, occ' - s;iffi; eii-g:i;1".

R7"l rrii i'r..+oz, Ftot rlos 5s and 68 G-reen Leaf Avenue' Eshwar viilas Road, Ntzampet, uvili.l"ori-3sod9o.lep.oy their'DAGPA holder M/s Siva Sai ili;d;;;i"p;;; nib.uv it3;rt""i". sini" Tanusundala' s/o Venkateswa-ra teddv I ;i;;;il7i veais,'nlo -il.-r'Jo o-r45, stg" sh;kthi -Enclave' Flat No'l06' Prasathi i'iXiir.-iriro'"i"oio-tobo90. eilii Vd"Jtlri Surendera Babu, S/o.

Narasimham'..Aged ;'r;J;i'4b''y;;, ?i. -L-"-r.in.i nas hivend ra Residencv, F lat No 40 1' Prasathi Nasar' Hyderabad-500090. ...PETITIONERS AND 1.

The state of Telangana and 3 others, Rep.b!.its Principal Secretary, Revenue (stamps and Registration), Secretariat, Hyderabad.

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

3.

The Sub-Registrar, Quthbullapur, Medchal-Matkaigiri District' 4.TheDundigalMunicipality,Rep.byitsCommissioner,Dundigal,MedchalMalkajgiri District. ...RESPONDENTS petition under A rticle 226 of the 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 Wri ure of Writ of Mandamus declaring the inaction of the respondent No.3 in.receiving, registering and releasing of the sale deed presented by the petitioner in respect of the semi-Finished Flat No.304 with built up area of 1080 Sq.ft., and Semi-Finished Flat Nos.402 and 403 with built up area of 1090 Sq.ft., respectively (including common area) and one car parking area of 80 Sq.ft., along with an undivided share of land ) admeasuring 23 Sq.yards (out of 534 Sq'yards) constructed on plot Nos'278 and 259' in Sy.Nos.26, 27 , 28, 29,36 and 37 situated at Mallampet Village' Dundigal-Gandimaisamma Mandal,underDundigalMunicipality,Medchal.Malka,igiriDistrict'TelanganaStateonthe basis of Memo No.G2l2 57l2}1g issued by the respondent No.2 and letter bearing No' 8gfipo/Dun/Mpl t2o1g d1.20112t2019 issued by the respondent No.4 as illegal, arbitrary and unconstitutionalandconsequentlydirecttherespondentNo.3toreceive,registerandrelease the sale deed presented by the petitioner in respect of the semi-Finished Flat No.304 with built up area of 1080 sq.ft., and Semi-Finished Flat Nos.402 and 403 with built up area of 1090Sq.ft',respectively(includingcommonarea)andonecarparkingareaofB0Sq.ft.' along with an undivided share of land admeasuring 23 Sq.yards (out of 534 Sq.yards) constructed on plot Nos.278 and 259, in Sy'Nos.26, 27' 28, 29,36 and 37 situated at Mallampet Village, Dundigal-Gandimaisamma Mandal, under Dundigal Municipality, Medchal-Malkajgiri District, Telangana state without the reference of the Memo No.G2125712019 issued by the respondent No 2 and letter bearing No' 89/TPo/Dun/Mp 1t2O'19 dl.21l12l2019 issued by the respondent No 4 lA NO: 1 OF 2022 Petition under Section ,|51 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.3 to receive, register and release the sale deed presented by the petitioner in respect of the Semi-Finished Flat No. d Flat No.304 with built up area of 1080 Sq.ft., and semi-Finished Flat Nos.4O2 and 403 with built up area of 1090 sq.ft., respectively (including common area) and one car parking area of 80 Sq.ft., along with an undivided share of land admeasuring 23 Sq.yards (out of 534 Sq.yards) constructed on plot Nos.278 and 259, in Sy.Nos.26, 27, 28, 29,36 and 37 situated at Mallampet Village, Dundigal-Gandimaisamma Mandal, under Dundigal Municipality, Medchal-Malkajgiri District, Telangana State without the reference of the Memo No.G2l257120'19 issued by the respondent No.2 and letter bearing No.

89/TPo/Dun/Mp1l2O19 dt.2011212019 issued by the respondent No.4 pending disposal of the writ petition and be pleased Counsel for the Petitioner(s):SRl.

RAJAGOPALLAVAN TAYI Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HONOURAI}LE SRI JUSTICE B.

VIJAYSEN REDDY WITIT PETITION No.2077 OF 2022 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 common order passed by this Court in W.P.

No.328 of 2022 and batch dated 18.02.2022 as modihed 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 matter pending will not serve any purpose, as such, the same may be disposed of in terms thereof. (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition.

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 1 4.

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

No.32g of 2022and batch as modified by the order dated 22.02.2022 in I.A.

No2 0f 2022 in w.p.

22 in w.p.

No.2gg5 of 2022, in terms thereof, this writ petition is disposed of as under, without any order as to costs: (A) Ifthe subject documenUs has/have already been registered and released pursuant to the interim order; (i) the document/s registered by the Sub_Registrar shall be subject to outcome of SLp (Civil) No.19695 of 2021 filed by the State Supreme Court; and Govemment befure the Hon,ble (ii) 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 Suprerne Court in SLP (Civil) No.19695 of 2021.

To*{rat effeo, an / 3 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 for registration by the petitioneris without reference to the Memo Nos.C2 125712019 dated 26.08.2020 and29.12.2020 issued by the respondent - the Cornmissioner and Inspector General of Registration and Starnps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar 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.

Civil) No.19695 of 2021 filed by the State Govemment 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 4 To, of F.T.L. and Buffer Zone I 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 Cour-t 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 encumbrance record, website etc.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed. sD/-PADMANABHA REDDY ASSISTANT REGISTRAR I lI'uRE coPY I I SECTION OFFICER 1- The Principal Secretary, Revenue (Stamps and Registration)' State of Telangana Secretariat, HYderabad.

The Sub-Registrar' Quthbullapur, Medchal-Malkajgiri District' 4.

The Dundigal Municipality' Rep.by its Commissioner' Dundigal' Medchal Malkajgiri District.

5.

One CC to SRl.

RAJAGOPALLAVAN TAYI Advocate [OPUC] 6.

Two ccs to AGP FOR REVENUE,High court for the state of Telangana at hyderabad' tourl 7.

Two CD coPies B.

One sPare coPY { HIGH COURT DATED : 07 /O3/2O22 ORDER WP.NO.2077 0F 2022 0 v 14 DISPOSING OF THE WRIT PETITION WITHOUT COSTS r'G;, -' ::--r\ .a-,' .-,,), ?

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