Sri. Kadakanchi Srinivas vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) TUESDAY, THE TWENTY NINTH DAY OF N/ARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: '14194 OF 2022 Between: 1, Sri.

Kadakanchi Srinivas, S/o.

Late liaiah, Aged about 45 years Occ.

Business, R/o.

Flat No.

403, Krishnaveni Heig"his ni[minipurl C6ronv, Kapra, ECIL Post, Hyderabad.

2.

Sri.

Kondi Venkat Reddy, S/o.

Late K.Bhaga Reddy, Aged about 45 years, Occ.

H.No.

2-4-12313815, Swaroop Nagar, Padmavathi Colony, Uppal, lVedcha l-l\,4a lkajg iri District.

3.

Bazar Rohith Goud, S/o.

B.Pandu, Aged about 29 years, Occ.

Business.

R/o.

2-1-95111A, Raghavendra Nagar Colony, Uppal, l\,4edchal- N/alkajgiri District.

4.

Parlapalli Mohan Suresh Reddy, S/o.

P.Ramana Reddy, Aged about 46 years, Occ.

Plot No, 41 and 42, Flal No.

202' A.S.'Paradise, Palle Paradise, Kapra, ECIL_Post, Itlledcha l-l\,4alkajgiri District.

5.

Gurrala Venkatesh Yadav, S/o.

G.Vdraoaiah, Aged about 42 yearc.

Occ.

1-751511167, Sri Sai Ram Nagar Colony, Boduppal, Uppa I IVlandal, IVledchal-l\/alkajg i ri District. ...PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration andS[amps) Department, Secretariat Building, Hyderabad.

The Commissioner and lnspector General of Registration and Stamps, Telangana State at Hyderabad The Sub-Registrar, Keesara, lr,4edchal-lvlalkajgiri District. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesStatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue a Writ, Order or Direction, more particularly' one in the nature of Writ of tr,4andamus, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the Petitioners in respect of the Residential open Plot No, 2312, adrneasuring 167 Sq'Yards or 139.61 Sq.

139.61 Sq.lr4trs, in Part of Sy.Nos.

753' 754,755' 757' 758' 759' 760 and 761' 2 3 situated at Elephant Enclave B-Block of Rampally Village, under Nagaram Municipality, Keesara Mandal, l\,4edchal-Malka.igiri District, Teiangana State, on the basis of Memo No.G2l25712019 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 deed presented by the Petitioners in respect of above said property. notwithstanding the Memo No.G2125712019' issued by the 2nd respondent. 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 3rd respondent to receive, register and release the sale deed presented by the Petitioners in respect of the Residential Open Plot No.

23l2, admeasuring 167 Sq.Yards or 139.61 Sq.tr/trs, in Part of Sy.Nos.

753,754,755,757,758, 759, 760 and 761, situated at "Elephant Enclave B-Block" of Rampaliy Village, under Nagaram Ir/unicipality, Keesara I\/andal, Medo[ral-Malkajgiri District, Telangana State, without reference to [\l]emo No.G2125712019, during the pendency of the above writ petition.

Counsel for the Petitioners: SRI METTU PRAVEEN KUMAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY ORDER Heard both sides and perused the material on record 2.

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.32g of 2022 and batch dated 18.02.2022 as modified by the order dated 22.02.2022 in I.A.No.2 of 2022 in W.p.No.2985 of 2022 and batch, as such, this writ petition may be disposed oF in terms thereof.

3. hereof.

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 LA.

No.2 of 2022 in W.p.No.298S of 2022, in terms thereof, this writ petjtion 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 wjthout reference to the Memo Nos.G2l257/2019 dated 26.08.2020 and 29.1,2.2020 issued by the respondent - the Commissioner and Inspecior General of Registration and Stamps, Te angana; Letter No.4slTPlNIYC/2019 dated 01.11.2019 issued by rhe respondent - the Commissioner, I\4unicipal Corporation, WRIT PETITION No.14194 of 2022 Nizampet .to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and s;milar letters, if any, issued by the various Municipal Comm jssioners in the State; (ii) the Sub Registrars in the State sha make an endorsement at the reverse side of the first page of the document referred in djrection No.(i) that registration so done is subject to outcome of SLp (Civil) No.19695 of 2OZ7 fited by the Stare 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 such risk is involved in transactions are purchase of such plots; hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the SLP (Civit) No.19695 of Supreme Court in To that effect, Hon'ble 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. bsite etc.

As a sequel thereto, miscellaneous petjtions, iF any, pending in the writ petition shall stand closed ASSISTANTSRIXiSYRIA ,/ //TRUE COPY// ,t/ SECTION OFFICER The Principal Secretarv R.ug!{" (Registration andStamps) Department, 9tate^of Tetangana, S5creta riat Arlf o int. iv;e;;;"'"' tne Uommtssioner and lnsnector Genelal of Registration and Stamps, Telangana State at Hyderabad - ' -" - '|vYre\r srrv 1 2 To, 3 4, 5.

6 7.

GJ DO L/ $if,f".;iffi{fft}i, Xffi#;,*?ii,.::# re a nsa na ro Urj HIGH COURT DATED:29 t0312022 ORDER WP.No.14194 of 2022 DISPOSING OF THE WP WITHOUT COSTS. !*" 1 3 APfi 20?2 (4. r6fi;ri;\ //.,-' l's iio lio \\:.- \.'v \.