Smt. Shirisha Neela vs State of Telangana

AND 1.

2.

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

VIJAYSEN REDDY Between: Smt.

Shirisha Neela, W/o.

Sri Vittal Neela, aged about 40 years, Occ- Housewife, R/o.

Plot No.95, House No.2-28l4/2/B,New Colony, Street No.4, MiYaPur' HYderabad ...pETrroNER State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad The Corh'mlssioner, and lnspector General, Registration and Stamps Department, Telangana, At Hyderabad.

The District Registrar, Registration and Stamps, Ranga Reddy District.

The Joint Sub-Registrar-1, Stamps and Registration RO, O.8., Ranga Reddy 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 tVlandamus, declaring the action of the 4th respondent in not registering and releasing three pending Sale Deeds bearing pending Document Nos.P.1494/2021 , P.149312021 and P.149512021 executed in favour of the petitioner in respect of the Flat Nos-402, 403 and 503 respectively, each admeasuring '1055 Sq.Ft. including common areas, along with one car parking and two wheeler parking, together with an undivided share of land admeasuring 23 Sq.Yds. each, from out of 500 Sq.Yds-, situated in residential complex known as GROW SPACE PRIDE, on Plot Nos.68,69 and 70, in Sy.Nos.10 and 17, of Gachibowli Village, Serilingampally lvlandal, under GHIVC Serilingampally Circle, Ranga Reddy District, basing on the lvlemo No.G2125712019, dated 2610812020 issued by the 2nd respondent, as arbitrary, illegal, violative of provisions of the Registration Act 1908, discriminatory and u ncon stitutiona I and in violation of Articles '14 and 3004 of the Constitution of lndia and lndia and consequently direct the 4th 3 4 WRIT PETITION NO: 13929 OF 2022 Respondent to register and release the three pending Sale Deeds bearing pending Document Nos.P.1494/2021 , P.149312021 and P.149512021 in respect of the aforesaid three Flats 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 may be pleased to direct the 4th respondent to register and release the three pending Sale Deeds bearing pending Document Nos.P.1494/2021 , P.149312021 and P.149512021 executed in favour of the petitioner in respect of the Flat Nos.402, 403 and 503 respectively, each admeasuring 1055 Sq.Ft. including common areas, along with one car parking and two wheeler parking, together with an undivided share of Iand admeasuring 23 Sq.Yds. each, from out of 500 Sq.Yds., situated in residential complex known as GROW SPACE PRIDE, on Plot Nos.6B,69 and 70, in Sy.Nos.10 ihO tZ, of Gachibowli Village, Serilingampally l\,4andal, under GHt\/C Serilingampally Circle, Ranga Reddy District, pending disposal of the above Writ Petition Counsel for the Petitioner: SRI SRIKANTH KAVETI Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER { I THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY ORDER Heard both sjdes and perused the material on record.

2' It is submitted by the rearned counser on either side thaf subject matter of thjs writ petition is squarely covered by the common order passed by this court in w.p.No.328 0f 2022 and batch dated tB.OZ.2A2Z as modified by the order dated 22.02.2022 in LA.No.2 of 2022 in W.p.No.298 5 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

3.

Therefore, following the common order dated tA.O2.2022 in W.P.No.32B of ZO22 and batch as modified by the order dated 22.02.2022 in I.A.

No.2 of 2022 in W.p.No. in W.p.No.29B S of 2022, in rerms 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 petitioner/s without reference to the l4emo Nos.G2/257 /2019 dated 26.08.2020 and 29 ,1"2.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNrvlC/2019 dated 01.11.2019 issued by rhe respondent - the Commissioner, Municjpal Corporation, WRIT PETITION No.13929 of 2O22 1 Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy Distrlct, and similar letters, if any, issued by the various tulunicipal Commissioners in the State; (ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the first paqe of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (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 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 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 encu m bra nce record, website etc.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed. ,TRUE COPY// SD/.G.SIREESHA ASSISTANT REGISTRAR \--';t''/ SECTION OFFICER The Principal Secretarv.

R.y"l.,,.

R.y"l.,,.lg (Stamps and Registration) Department, State of Telangana Sei:retariat, Hyblilffi er rv I \vvre'(r ' r ne Uommissioner. and lnsoectoi General, Registration and Stamps Department, Telangana, nt'HyOeraOJJ.'vr' i'!v,rrrrq'[rvr 1 To, 2 3.

The District Registrar, Registration and Stamps, Rangg te{dylistrict - , . +. fhe Joint Sub-H.egistiar-lJStamps and Registration RO, O B ' Ranga Reddy District 5.

One CC to Sri Srikanth Kaveti Advocate [OPUC] 6: iffi CCsio Cp For Revenue, High Couh for th-e State of Telangana louTl 7.

Two CD Copies 8.

One Spare CoPY MBC BS \u HIGH COURT DATED: 2910312022 HE S.TAr€ o * * DFsllA'( ORDER WP.No.13929 of 2022 DISPOSING OF THE WRIT PETITION 2022 JUll OE WITHOUT COSTS G) &*- /g'