KUMBHAM GOVERDHAN GOUD AND ANOTHER vs The State of Telangana and 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J u risd ictio n ) TUESDAY ,THE FIFTEENTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO PRESE NT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 12745 OF 2022 Betwee n: 1.

Katam Shekar, S/o K.Ramulu, Aged aboul 47 Years, Occ: Business, R/o.H.No.7-5-150/4, Laxminagar Colony, Mahaboobnagar.

2.

Pittala Sayanna, S/o Pittala Balaiah, Aged about 55 Years, Occ: Business, R/o.H.No.9-19, Timmasanipalli, Mahaboobnagar. ...PETITIONERS AND 1.

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

The Commissioner and lnspector General of Registration and Stamps, D.No.5-3-953, NizamShahi Road, Mozamzahi Market, Herza Estate, Risala Abdullah Colony, Jambagh, Hyderabad, Telangana 500095 3.

The Sub-Registrar. lr,4ahaboobnagar, lt4ahaboobnaga r 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 pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the inaction of the 3rd respondent herein in refusing to receive, register and release the documents in respect to plot Nos.1 ,2, 3, 4,5, 6, 7, B, 9, 10, 1 1 , 12, 13, 14, 15, 16, 17 ' 18' lgand20intotal20plotstotallyadmeasuring3426.T2Sq.YardsinSy No.343/2AA and 345/3AA situated at Yenugonda Village shivar,Mahaboobnagar (Urban) tvlandal, It/ahaboobnagar District by referring the lvlemo No.G2125712019 Dated 2610812020 issued by the Respondent No.2 as being illegal, arbitrary' violation of provisions of the registration Act, 1908, discriminatory and unconditional contrary to law and violative of Articte 14 and 21 of constitution of lnd ia I lA NO: 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 High Court may be pleased pleased to direct the 3rd Respondent receive, register and release the documents in respect to plot Nos.1 ,2,3, 4,5,6,7, B, 9, 10, 11, 12, 13, 14, 15, 16, 17,18,19 and 20 in total 20 plots totally admeasuring 3426.72 Sq.Yards in Sy No.343/2AA and 345/3AA situated at Yenugonda Village Shivar, Mahaboobnagar (Urban) Mandal, Mahaboobnagar District without referring theMemo No.G2125712019 Dated 26.08.2020 issued by the Respondent No.2.

Counsel for the Petitioners : SRl.

PRAVEEN KUMAR CHALLA Counsel for the Respondents: AGP FOR REVENUE The Court made the following : ORDER !

I I I HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.12745 OF 2022 ORDER: Hearcl both sides and perused the matcrial on record 2.

It is sr,rbmittcd by thc learncci coLrrrscl on either sidc tjurt subjcct n.latLcr ol- tlris Wnt Pelitiolt is srluirr-t'll r:or,,crcd ltv t hc Contnton ( )r rlcr pirssc'd bt' this CoLlrt ilt W.P.No.3-28 ol 2022 :trT(l blrt('h clirrc.l 18.O2.2022 as modilied bv the Ordcr datccl 22.02.2022 in I.A.No.2 ol 2022 in W.P.No.2985 of 2022 and batch, as such, rhis Writ Petitior-r may be disposed of in terms thereof.

3.

Therefore, following the Common Order dated 18.02.2022 in W.P.No.328 of 2022 and batch as modified by the Order dated 22.02.2022 in I.A.

No.2 of 2022 in W.P.No.29B5 of 2022, in terms thereof, this Writ Petition is disposed of as under without any order as to costs (i) The respondent - Sub-Registrar is directed to register the document of sale, trernsfcr anrl gi[t etc., prcscntcd for registration b1'thc- petitioner/s $'ithout rcferences to tht: l! cntO Nt'ts.C2 /257 12019 dated 26.O8.2O2O and 29.

12.2O2O issucd lrv the respondent - the Commissioner and Inspector General ol Registration and Stamps, Telangana; Lctter No.aSlTP/NMC/2019 datecl 01.11. ecl 01.11.2019 issuecl by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Qutl-rbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State; To, (ii) the Sub Registrars in the State shall make a,n endorsement at the reverse side of the first page of the clocument referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.

19695 of 2O2l filed by the State Government before the Honble Supreme Court; and (iii) in case, it is found tl:rat 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 sha-ll 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 ordcrs of the Horrble Supreme Court in SLP (Civil) No.19695 of 2021.

To that efl'ect, an endorsement shall be made on the reversc sicle of the first / second page of the document and also in the encu mbrancc rccord, websitc ctc.

SD/.K.VENKAIAH ASSISTANT REGIS R //TRUE COPY' SECTION OFFICER Hyderabad [OUT] 6 Two CD CoPies z.

One SPare CoPY 1 The Principal Secretary, Revenue Department (Stamps and Registration) #;i;i itate of tetangana' Hvderabad - - 2.

The commissioner ano insEcir General of Registration and stamps' D.

No.

5-3-9 53, ru i'a ms nan]'iLi i'r"'l"t*hi Mirket' Herza Estate Risal a Abdullah Colonv, lamoaln' Hvaerabad' i:lTs::" 5000e5 3 ffi;;; R;girtr.ur. v'hJo;obnagar' Mahaboob.naoar District 4 one cc to SRI PRAVE?li tiu[lin cHnr-r-n' Adv"ocate toPUC] 5.

Two CCs to GP ron n-e-vENrii' High Co''1 for the state of Telangana at SB 'l'ltc ,tisr:t'11:r.tcotrs petiLio,s pc,dir.tg, if :rnr, shall st:r.cl ci.sccl. 'l'herc shall bc no orcler as to costs. to costs. v \ L HIGH COURT DATED:1510312022 ORDER WP.No.12745 ot 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. r0l I'lAfi i;22 )< ., 7.( ou :lIn^.rr'- f4 s e H 1 ( ,,\ C,/