Sri. Kanchuganta Sahadev vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF N/ARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B,VIJAYSEN REDDY Between: Sri.

Kanchuganta Sahadev, S/o.

K.Balaiah, Aged about 38 years, Occ.

Business, R/o.

H,No.4-120-312, Cheeryal, Keesara [\/andal, tvledchal- l\,4alkajgiri District.

AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad.

2.

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

3.

The Sub-Registrar, Keesara, Ir,4edchal- Malkajgiri District. ...RESPONDENTS Petition under Article 226 of lhe 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 Wrlt of Mandamus, by declaring the action of the 3rd respondent in not receiving and to register and release the gift deed presented by the petitioner in respect of the piece and parcel of the Plot No.

12, admeasuring 201.80 Sq.Yards, Plot No.

13, admeasuring 190.00 Sq.Yards, Plot No.

14, admeasuring 178,00 Sq.Yards and Plot No.

15, admeasuring 202.50 Sq.Yards, lolally 772 30 Sq.Yards in Sy.No.

226, situated at Cheeryal Village, Keesara Mandal, lVledchal-l\/alka.jgiri District, Telangana State, on the basis of lr,4emo No.G2125712019, issued by the 2nd respondent as illegal, arbitrary, unlawful, without iurisdiction 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 gift deed presented by the petitioner in respect of above WRIT PETITION NO: 1 1897 OF 2022 ...PETITIONER said property, notwithstanding the Memo No.G21257t2019, issued by the 2nd respondent. espondent.

IA O:1 OF 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 3rd respondent to receive, register and release the gift deed presented by the petitioner in respect of the piece and parcel of the plot No.

12, admeasuring 201.80 Sq.Yards, Plot No, 13, admeasuring 190.00 Sq.yards, plot No.

14, admeasuring 178.00 Sq.Yards and plot No.

15, admeasuring 202.50 Sq.Yards, lolally 772.30 Sq.Yards in Sy.No.

226, situated at Cheeryal Viilage, Keesara [t'/andal, lr/edchal-fr/alkajgiri District, Telangana state, without reference to lvlemo No.G2125712019, issued by the 2nd respondent, during the pendency of the above writ petition.

Counsel for the Petitioner: SRI METTU SHANKAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.11897 OF 2022 ORDER: 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.O2.2022 as modified by the Order dated 22.O2.2022 in I.A.No.2 ol 2022 in W.P.No.2985 ot 2022 and batch, as such, this Writ Pctition mav bc disposcd ol in terms lht'rcol.

Thcreforc, follou'ing the Common Order clatcd 18.02.2O22 in W.P.No.328 ol 2022 and batch as modified bv the Order clated 22.02.2022 in I.A.

No.2 of 2022 in W.P.No.2985 ol 2022, in terms thereof, this Writ Petition is disposed of as under ri'ithout any order as to co sts: (i) The respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s without references to the Memo Nos.G2 /257 /2019 dated 26.O8.2O2O and 29.12. and 29.12.2O2O issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, 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, Quthbtlllapur, Rar-rga Reddy District, and similar letters, iI any, issued bv the various Municipal Commissioners in thc Statei i (ii) the Sub Registrars in the State sha1l make an endorsement at the reverse side of the hrst page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 ot 2O2l filed by the State Governmcrlt before the Honblc Suprcrne Court: and (iii) ir.r czrsc, it is founcl th.rt thcrc is anv violation o1 laLrv like plots / lands / structures beir-rg sold form part of F.T.L. and Bufl'er Zor.rc / Plots having lcss th.rr 30 fcet road r.l'iclth access, the Sulr Registrar shall make an endorscment informing / cautior-ring thc purchasers that risk is invoh'ccl in purchasc of such plots; sllcll transactions are hit by reievant statutory provisions; that registration of the same is subjcct to outcome of orders of the Honble Supreme Court in SLP (Civil) No.19695 ol 2021.

To that effect, an endorsement shall be made on the reverse side of thc Iirst / second page of the document and also in the . encumbrance record, website etc.

The miscellaneous petitions pending, if any, shall stand closed, There shall be no order as to costs.

SD/.

K.AMMAJI ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER 1 2 a 4 5 To, 6 7 NPJ The PnnciDal secretary, Revenue (Registration and Stamps) Department' State of T6langana.

S6cretariat Building, Hydqrabad if.r" C".riilii,"ei and lnspector GeneJal 6f Registration and Stamps' Telanqana State at HYderabad rrre S"un-neoistrar.

K6esara, tr,4edchal- Malkajgiri District' One CC to S"RI IVETTU SHANKAR Advocate IOPUCI i*" ccriJcp ron REveNuE, High Court fbr the State of Telangana at Hyderabad.

Hyderabad. [OUT] Two CD CoPies.

One spare coPY.

AT\F ') HIGH COURT DATED:0910312022 ORDER WP.No.11897 of 2022 DISPOSING OF THE WRIT PETITION ' ; S'1., .:.- - .1'., i'. ' l: 1 l)l. \,. ? g I4AB ?0?2 .,./ WITHOUT COSTS Q..Y)2' -r$v