Smt M. Goverdhani vs The State of Telangana and 2 Others

HIGH COURT FOR THE STATE OF TELAN.GANA AT HYDERABAD ' ' -' ispecial Original Jurisdiction) [/oNDAY, rHE SEVENTH DAY OF MA1CH rWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRIJUSTICE B'VIJAYSEN REDDY WRIT PETITION NO: 2984 0 F 2022 BeWveen: SmtM.Goverdhani,W/olr4sitaramaiah,Agedabout45years,occ' Housewife, R/o Plot No. ro'oli. n-oi-'d'iii S"tiet"y Road No 6' Western Hills' KukatPalrY, HYderabad-500072' ...PETITIONER AND 1.

The State of Telangana, Rep by. its Principal Secretary' Revenue (Stamps and Registration), Secretariat' Hyoeraoao 2.

The Commissioner and lnspector General of Registration and Stamps' HYderabad, Telangana 3.

The Sub Registrar, Kukatpally' Medchal-Malkajgiri District' .,.RESPONDENTS PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueanywritorderordrrectionmorepafiicularlyoneinthenatureof Writ of lr,4andamus declaring the inaction of the Respondent No 3 in receiving' registering and releasing of the sale deed presented by the petitioner in respect of theFlatNo.lO'linfirstfloordoorNo2-23'81322videPTlNNo'1140215014in thebuildingknorvnasMADlNENlRESlDENCYwithabuiItUpareaofl600'0sqft (including common area) and car parking BO sq ft along with an undivided share oflandadmeasuring38.0SqYdS(outof355.0sqyds)constructedonplotNo.

322, in Sy No 2OO, situated at Kukatpally Village and andal' under GHMC Kukatpally Ciecle, Itledchal-Malkajgiri District on the basis of Memo No.G2:2STl2Olgdated26.oB.2o2oissuedbytheRespondentNo.2asillegal, arbitrary and unco nstitutio nal and consequently direct the Respondent No'3 to receive, register and rerease the sare deed presented by the petitioners in respect r / otthe Ftat No.101 in first floordoor No.

2-23-81322 vide PTIN No. e PTIN No.

1140215014 in , the building known as N/ADINENI RESIDENCY with a built up area of 1600'0 sq ft (including common area) and car parking 80 sq ft along with an undivided share of rand admeasuring 3g.0 sq yds (out of 355.0 sq yds) constructed on prot No.

322, in Sy No 200' situated at Kukatpally Village and Mandal' under GHMC Kukatpally Ciecle, Medchal-Malkajgiri District without the reference of the lvlemo No.G2t25712019 dated 26 OB 2O2O issued by the Respondent No'2' IA NO: 1 0F 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 Respondent No 3 to receive' register and release the sale deed presented by the pelitioners in respect of the Flat No '101 in first floor door No.

2- 23-Blg22 vide PTlt'l No 11402150'14 in the building known as "MADlNENl RES|DENCY"withabuiltUpareaofl600.Osqft(includingcommonarea)and car parking B0 sq ft along with an undivlded share of land admeasuring 38 0 sq Yds (out of 355.0 sq yds) constructed on plot No' 322' in Sy No 200' situated at Kukatpally Village and Mandal, under GHMC Kukatpally Ciecle' Medchal- Malkajgiri District rvithout the reference of the Memo No'G2/257 12019 daled 26.oB.2ozoissuedbytheRespondentNo.2pendingdisposalofthewritpetition.

Counsel for the Petitioner : SRI' RAJAGOPALLAVAN TAYI Counsel for the Respondents : GP FOR STAMPS AND REGISTRATION The Court made the following : ORDER V HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRTT PETITION No'2984 0F 2022 oRDER (oRAL): Heard both sides and perused the material on record' 2.

It is submitted by the leamed 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.?022 as modified by the order dated22'02'2022 in I.A.

No. n 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' 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 petitioneris is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition. , 2 4.

In viex'of the above, recording the aforesaid submission of the learnerl counsel on either side, following the common order dated 18.02.2022 in W.P.

No.328 of 2022 and batch as modified bv the order dated 22.02.2022 in I.A.

No.2 of 2022 in W.P.

No.2985 of 2022, in tcmrs thereof, this writ petition is disposed of as under, without any order as to costs: (A) Ifthe subject document/s has/have already been registcred and released pursuant to the interim order; (i) the documenVs registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 ol 2021 filed by the State Government before the Hon'ble Supreme Court; and (ii) in case, it is found that there is any violation of larv 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 ol the same is subject to outcome of orders ol the Horr'ble Supreme Court in SLP (Civil) No.19695 ol 2021.-Q that etltct, an -) 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. gift etc., presented for registration by the petitioner/s without reference to the M erno Nos.G2l257 I 20 19 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Cotnmissioner and Inspector General ol Registration and Stamps, Telangana; Letter No.45/TP/NMC/2O19 dated 01.11.2019 issued by the respondent - the Cotnmissioner, Municipal Corporation, Nizantpet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Cornrnissioners 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.

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 / lands / structures being sold form part 4 of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement inlbrming / cautioning the purchasers tnat risk is involved in purchase ol such plots; such transactions are hit by relevant statutol) Jrrovisions; 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 that effect, an endorsement shall be made on the reverse side ol 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. // TRUE COPY // ' "''';3 3BYiili"-lt'EiRiX (, [) SECTION OFFICER I I' To The Principal Secretary, Revenue (Stamps and Registration)' Secretariat' State of Telangana, HYderabad' The Commissioner and lnspector General of Registration and Stamps' Hyderabad, Telangana.

3.

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

One CC to SRl.

RAJAGOPALLAVAN TAYI' Advocate IOPUCI 5.

IOPUCI 5.

Two CCs to GP FOR STAMPS ANq R-EGISTRATION' High Court for the - Siaie ot fetangana at Hyderabad [OUT] 6.

Two CD CoPies.

7.

One SPare CoPY. atrl fr',- 1 2 HIGH COURT DATED: 0710312022 ORDER WP.

No.2984 OF 2022 DISPOSING OF THE W.P WITHOUT COSTS 2 1 lu[ ,1/J22 toR T !iE lrl Pt lcHEp {J (.) * {.t A 6\)- t [e 0