V. Ravindra Sharma vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRtDAY, THE TWENTY FIFTH DAY OF IMARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY Betwee n: V.

Ravindra Sharma, S/o.

V.S.R.A.

Acharyulu, Age- 68 years, Occ- Purohith, R/o.

H.No.5-100, Opp Uppal Bus Depot, Near Shiridi Sai Baba Temple, Budda Nagar, Peerzadiguda Village, Ghatkesar lVandal, Ranga Reddy District, preiently tr/edchal lvalkajigiri District. ...pEITtoNER 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 writ of lvandamus, declaring the action of the Respondent No.3 in not receiving, registering and releasing the document in favour of the petitioner, based on the [\,4emo issued by the Respondent No.2.

Vide no.G2l25712019, dated 26-08-2020 and Amended l\,4emo No.

G2125712019 daled 29-12-2020 in respect of the plot no.

1 and 2, forming part of Sy.No.158 and 159, admeasuring 444 Sq.Yrds, situated atUppalVillage,Uppall\,4andal,RangaReddyDistrict,presentlyl\'4edchal [/alkajigiri District inspite of this Honble court order dated 23-08-2021 passed in w.P.No.

9248 of 2021 as illegal, arbitrary and in violation of articles 14, 21 of Ihe constitution of lndia and also against the Provisions of Registration Act, 1908 and consequently direct the respondent no.3 to receive, register and release the Document in favour of the petitioner in respect of the plot no. '1 and 2, forming part of sy.No.158 and 159, admeasuring 444 Sq.Yrds, situated at uppal Village, Uppat I\,4andal, Ranga Reddy District, presently Medchal [t/alkaiigiri District in the interest of justice WRIT PETITION NO:15123 OF 2022 AND 1.

The State of Telangana, Rep. by its Secretary, Revenue (Stamps and Registration) Deparlment, Secretariat, !Yderabad.

2. erabad.

2.

Th; Inspect6r Gbneral of Stamps and Registration, N,4oazzam Jahi market, Hyderabad.

3.

The Sub -Registrar, Uppal, tMedchal- Malkajigiri District. ...RESpoNDENrs i .,' It I IA NO i 1 0F 2022 Petition und( r Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to direct the Respon'lent No 3 to receive, register and release the Document in favour of the peti ioner in respect of the plot no 1 and 2, forming part of Sy.No.'1 58 and 15r r, admeasuring 444 Sq Yrds, situated at Uppal Village' Uppal Mandal, Ranga Feddy District, presently Ir4edchal Ir4alkajigir.i District in the interest of justice p rnding disposal of the above writ petition Counsel for the Pt titioner: SRI S.

SURENDER REDDY Counsel for Respr'ndents: AGP FOR REVENUE The Court made tl e following: ORDER l THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY ORDER: hleard both sides and peruseci the material on record.

Z. it is submitted by the learned counsel on either side that subject matter cf this writ petition is squarely coverec 5y ahe common order passed by this Court in W, p.

No.328 of 2A22 ana Datch dated i8.02.2022 as modified by the order oated 22.A2,2A22 rn i.A.

No,2 of 2A22 in W.p, No.2985 of 2022 anci batch, as such, this writ petition rnay be oisposeo of in terms thereof.

3, Therefore, foliowing the common order oated 18.02,2022 in W.P.

No.328 of 2O2Z 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, transfer and gift etc., presented for registration by the petrtioner/s without reference to the I\4emo Nos.G2/257/20t9 dated 26.O8.2A2A and 29.i2.2020 issued by the respondent - the Commissroner and Inspector Generai of Registration and Stamps, Telangana.

Letter No.45iTPlN NiC lZAtg datec 0i.11. tec 0i.11.2019 issued by tne iesponCenl - the Commissicner, Municipai CCrporatlCj.t.

WRIT PETITTON No.15123 of 2022 As; sequel thereto, mlscellaneous petitions' if any' pending in this wri petition shall stand closed 'r ' \ //TRUE COPY// SD/-T.JAYASREE ASSISTAI'IT REGISTRAR I]ECTION OFFICER The Secretary Revenue (Stamps and Registration) Department' State of r"ir",runi Se :retariat, H,y-derabad The lrispector General or stZ'#ilino Registration' IAoazzam Jahi market 1 2 3 To, Hvde ra bad. rilliro:H"e strar, U ppal, lr'4ed chal- tr/lalkali giri D istrict Nizamrret to the respondent - the Sub Registrar' Quthbr rllapur, Ranga Reddy District' and similar letters if any, issued by the various Municipal Comrr ssioners in the State; (ii) tl-: Sub Registrars in the State shall make an endor,ement at the reverse side of the tirst oage of the locument referred in direction No'(i) that regist ation so done is subject to outcome of SLP (Civil No,19695 of 2O2l filed by the State Gove nment before the !-1on'ble Supreme Cour-l; and (iii) i r case, it is found that there is any vio ation of Iaw ll <e plots / iands / slructures being sold form part of F.'-,L. and Buffer Zone / Plots having less than 30 feet oad width access, the Sub Reqistrar shall make an er,dorsement lnforming ,/ cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory prov sions; that registration of the same is subject to outc )me of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2027' To that effect' an e ndorsement shall be made on the reverse side of the irst / second page of the document and also in the encr mbrance record, website etc' rQ_- 4.

One CC to Sri S Surender Reddy Advocate [OPUC] S.

Two CCs to GP For Revenue.

High Court for the State of Telangana' [OU l] 6, Two CD Copies 7.

One Spare Copy IVBC SWd I HIGH COURT DATED: 2510312022 e '; ?

8 Mlfi tt22 ORDER WP.No.

DER WP.No.15123 of 2022 DISPOSING OF THE WRI-T PETITION WITHOUT COSTS \