Sri Gongalla Sai Kumar vs The State of Telangana

Between: l.

Sri Gongalla Sai Kumar, S/o.

G.

Mallesh, Occ Business, R/o. lsmailkhanguda, Rampalle, Medchal Malkaj giri District.

2.

Sri Gongalla Manikanth, S/o.

Anjaiah, Occ Business, fuo.

Ismailklanguda, Rampalle, Medchal Malkajgiri District.

I 3183 | HIGH COURT FOR THE STATE OF TELANGANA AT IIYDERABAI) (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF MARCI.I TWO THOUSAND AND TWENTY TWO .--' PRESENT THE HONOTJRABLE SRI JUSTICE B.VIJAYSEN II,EDDY --- WRIT PETITION NO: 2120 OF 2022 H.No.

3-86/1, H.No.

3-139, ...Petitioners ANDl.

The State ofTelangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad.

The Commissioner and Inspector General olRegistration and Stamps, Telangana State at Hyderabad.

3.

The Sub-Registrar, Keesara, Medchal-Malkajgiri District ...Respondents Petition under Article 226 of the Constitution of India 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, by declaring the action ofthe 3rd respondent in not receiving and to register and release the sale deed presented by the petitioners in respect of the piece and parcel of the PIot No.282, admeasuring 200 Sq.Yards or 167.23 Sq.Mtrs., in Sy.

Nos.

265, 266/l and.

267, situated at Rampally Village, Nagaram Municipality, Keesara Mandal, Medchal-Malkajgiri District, Telangana State, on the basis of Memo No.G2/257/2019, issued by the 2nd respondent as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions ofthe Registration Act, 1908 and in violation of Article 14 of Constitution of Indian and consequently to direct the 3rd respondent to receive, register and release the sale deed presented by the petitioners in respect of above said subject property, notwithstanding the Memo No. e Memo No.G2/257/2019, issued by the 2nd respondent IA NO: 1 OF 2022 Petition under Section l5l 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 3rd respondent to receive, register and release the sale deed presented by the petitioners in respect of the piece and parcel of the Plot No.282, admeasuring 200 Sq.Yards or 167.23 Sq.Mtrs., in Sy.

265,26611 & 267, siirated at Rampally Village, Nagaram Municipality, Keesara Mandal, Medchal-Malkaj giri District, Telangana State, without relerence to Memo No.C2/257 /2019, issued by the 2nd respondent Counsel for the Petitioners: SRI.

METTU SHAIIKAR Counsel for the Respondents: ASST GP FOR REVENUE The Court made the following ORDER IIONOT]ITABLE SRI JUSTICE B.

VIJAYSEN REDDY WRTT PI.]'TITTON No.2l20 OF 2022 ORDER (OR.\L): Heard both sides and perused the material on record.

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 18.02.2022 as modified by the order dated22.02.2022 in LA.

No.2 of 2022 in W.P.

No.2985 of 2022 and batch, and th,:refore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terms thereof.

This Court passed interim order in this writ petition directing the respondents to receive, process, register and release thr: subject document/s.

However, conditions were imposed that (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.

2 4.

In view of the above, recording the aforesaid submission of the leamed counsel on either side, fbllowing thc comtnon order dated 1 8.02.2022 in W.l'.

No.328 of 2022 and batch as modificd by tlre order dated 22.02.2022 in I.A.

No.2 of 2022 it't W.P.

No. t W.P.

No.2985 of 2022, in terms thereol, this writ petition is disposed of as under, without any order as to costs: (A) If the subject document/s has/have already been registered 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 of 2021 filed by the State Govemrnent before the Hon'ble Suprerne Court; and (ii) in case, it is found that there is any violation of law like plots / lands / 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 endorsernent 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 in SLP (Civil) No.19695 of 2021 .*'Ft that effect, an .) endorsement shall be record, rvebsite etc. made in the encuntbrance (B) Ifthe subject document/s is/are not yet registered and released pursuant to the interim order; (i) the respondent - Sub-Registrar is clirected to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Merno Nos.

G2 / 257 / 20 | 9 dated 26.0g.20 20 and, 29.

I 2.2020 issued by the respondent - the Cornmissioner and Inspector General of Registration and Starnps, Telangana; Letter No.45lTpiNMC/2019 dated 01.11.2019 issued by the respondent - the Corporation, Nizampet to Comrnissioner, the respondent Municipal the Sub I I 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 of the first page of the 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 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 \ I .1 of F.l'.L. and Buft-er Zor.re / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement infonning / cautioning the purcliasers that risk is involved in purchase of such plots; such tnansactions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of 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 flrst / second page of the document and also in the errcumbrance record, website etc.

As a sequel thereto, misceilaneous petitions, if any, pending in this writ petition stand closed.

I //TRUE COPY// SD/- K.SAILESHI ASSISTANT REGISTRAR sEc;fft oFFrcER l I to' ,. ,n" ,r,n"ipal Secretary, Revenue (Registration and Stamps) Department' State of " i "tungunr.

Secretariat Building' Hyderahad' - 2.

The Commission.' una filf"tlor Ceneral of Registration and Stamps' Telangana State at Hyderabad.

S. ifi1rb-R"gistrar.

Keesara, Medchal-Malkajgiri District +. il* CC to S-ri Mettu Shankar Advocate [OPUC] 5. -llwo CC to Cp fo, n"u"iu", Higtr court for ttre State of Tetangana' [OUT] 6. 'lwo CD coPies I / HIGH COURT DATED:0710312022 I \ \ S T/i ,:)).

2s r'tJE ilfl \ ORDE:R WP.No.2120 ol 2022 WRIR PETITION IS DISPOSED OF WITHOUT COSTS.

Ar?,aJ \