Domala Ramesh vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVONDAY ,THE SEVENTH DAY OF I/ARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 2940 OF 2022 Between: Domala Ramesh, S/o.Shankaraiah, Age.

48 years, Occ.

Busrness, Rio.

H.No.1B-301/2, LIC Colony Mancherial, [t/]ancherial District, (Erstwhile Adilabad)' Telangana State ...pETrroNER AND 1.

The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration AN D Stamps) Department, Secretariat Building, Hyderabad.

2.

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

3.

The Sub-Registrar, Mancherial, fi/ancherial District ,..RESPONDENTS 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 to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of t\/andamus, by declaring the action of the 3'd respondent in refusing to receive, register and release the sale deeds presented by the petitioner in favour of different purchasers in respect of Plot Nos.54 to 60 to an extent of 350.16, 315.33, 278.66,247.50,223.66,251 .11 and 336.00 Sq.yards respectively in Sy.No.44Blqg situated at [\,4ancherial, N,4ancherial District, Erstwhile Adilabad District, on the basis of lVemo No.G2125712019, dated 2610812020 as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article 14 of Constitution of lndian and consequently to direct the 3rd respondent to receive, register and release the sale deeds presented by the petitioner in Name/favor of the different purchasers in respect of above said plots, notwithstanding the lVemo No.G2125712019, dated 2610812020, issued by the 2nd respondent. espondent. il2il 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 3'd respondent to receive, register and release the sale deed presented by the petitioner in favour of different purchasers in part or total extent in respect of plot nos.

54 to 60 to an extent of 350.16, 315.33, 278-66,247.50, 223.66, 251 .11 and 336.00 Sq.yards respectively in Sy.No.448lg situated at It/ancherial, ltrlancherial District, situated at lVlancherial, [t/ancherial District, Erstwhile Adilabad District, Telangana State, without reference to lvlemo No.G2125712019, dated 26-08-2020, during the pendency of the above writ petition.

Counsel for the Petitioner(s):SRl.

B ARJUN Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER ; lA NO: 1 OF 2022 a /, HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.2940 oF 2022 oRpER (ORAL) : 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 batclr dated 18.02.2022 as modified by the ordel 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 putpose, as such, the same may be disposed of in tenns thereof.

This Cout 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 petition and (b) registration shall be subject to final result of the writ petltron.

Heard both sides and perused the rnater.ial on record.

2 4.

In view of the above, recording the aforesaid submission of the learned 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. dated 22.02.2022 in 1.A.

No.2985 of 2022, in tetms thereof, this writ petition is disposed of as under, without any order as to costs: (A) Ifthe subject document/s 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 frled by the State Government before the Hon'ble Supreme Court; and (ii) in case, it is found that there is any violation of law like plots / lands / structures being sold form parl 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 Supreme Courl in SLP (Civil) No.19695 of 202L.

To that ef'fect, an : J endorsement sha1l 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 docurnent of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2 125712019 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45ITP,NMC/2019 dated 01.11.2019 issued by the respondent - the Comrnissioner, Municipal Corporation, Nizan-rpet 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 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 Iaw like plots / lands / structures being sold form paft \ I 4 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 lelevant 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 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 GOPY' SD/.G.SIREESHA ASSISTANT REGISTRAR SECTI OFFI CER To.'"'1.

Th" State of Telangana, Rep by its Princrpal Secretarv Revenue (Reoistration nNO Siailjpsi6Jp'urt.ent, Secretariat Building,.

Hyderabad.

Yi;,c#ffiiiiii"-"ri.o i"dpecior General of Registration and Stamps.

Telanoana State at HYderabad ' 3 ii; Sirb-Reqistrar, Ivl'ancherial, IVancherial^District 4.

One CC to SRl.

B ARJUN Advocate loP-uul 5. iil; dcsio-oc nrvEilui,'iiisr, colrt tor t'he State of Telangana. [oUT] 6.

Two CD coPies 7.

One sPare coPies X3o crttr HIGH COURT DATED:0710312022 t;:'ir\li- .\ C..) 1 [ i"ilt 'liil ORDER I DEsl'r'l WP.No.2940 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 'z ,t S,,tt*