Sri. Kadakanchi Srinivas and 4 others vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPeciat Original Jurisdiction) ru Es D AY'rH Eos'flflLt|N{il :'t',\"]l#*"' THE H PRESENT toNNo: 1 ONOURABLE SRI JUSTICE B'VIJAYSEN REDDY 4226 OF 022 2 wRIT PETIT ""T""ji^,flfH,::T,f1ulx'dt't'i?-}"1j%'l'l'f:''i"'?'1"3'*#3["13'Y3'11]^i'?:' ,::'';;::'l:l*ii;lx,i.'i,iats,[:sfi,??"55?,?ai333'??i'*'f id?i'ii: . !i;, "l* : ;1ffi ,iffi ru flu ;l'si, ii t 3,3,Y,1 "ii o? : i',;!r'?"1. r:/.\ H.No. z- t-v 'fr,la f Xalgiri District ^:::,::3T.'[Sf[11'ih::[fi$il:fl "'ii;ffiiif $:iyti:s:3::'tJi ^ ::l' ::ffi i': [T:1 "; il,,# {,y t:i t* is:S'l ,aH] i"" I ?'1i' 3'"'l " t,*llm';"fl1 #[?'Jilfii";iiriYi'oiJtii't ...pE.roNERs AND 1 H:r:,,',?:1's:',eJ339;;3;f BEr:yrt['"ilt"J??"3::""4x7dff :fi !H3"uuo The Commissioner and lnspector General of Registration and Stamps' +;i,;;;; si,ie at HYderabad TheSub-Registrar,Keesara'tr/ledchal-l"4alkaigiriDistrict 2 3 ..RESPONDENTS Petition under Article 226 ol 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 lr,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 Residentjar open prot No.

2211, adrneasuring 167 sq.yards or 139 61 Sq.Mtrs, in part of Sy,Nos.

753,754,755,757.

7St Keesara r\,4andar, r"r"r'rlr;;;:r;]1, I 1::, under Nasaram Municiparity, A,4emo No.G2l2sT/2o1g r_ ,;""j: -;,:-::' eiansana Srate, on the basis of contrary to the provisionrut "'unu'' arbitrary, unlawful, without iurisdiction and r 4 or constitution or rnoilr ll"o :"t,#ff l';::.:TJ"# ::il::il 1; receive' register and rerease the sare deed presented by the petitioners in respect of above said property, notwithstanding the l\,4emo No.G2,2STl2O1O, issued by the 2nd respondent. espondent.

IA NO: 10F 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 3rd respondent to receive, register and rerease the sare deed presented by the Petitioners in respect of the Residentiar open prot No.

22i.1 , aclmeasuring 167 Sq.Yards or 139.61 Sq.Mtrs, in part o-f Sy.Nos.

753,754,155,757,758, 7S9, 760 and 761, situated at "Erephant Encrave B-Brock" of Rampaily Viilage, under Nagaram l\/uniciparity, Keesara Mandar, Medchar-r\,,4a Ikajgiri District, Terangana State, without qeference to l\/emo No.G2r25zr2o19, during the pendency of the above writ petition.

Counsel for the Petitioners:SRl. p.BHARATH CHANDRA 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.32B of 2022 and batch dated 18.O2.2022 as modifled by the order dated 22.O2.2022 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.

Therefore, followinq the common order dated 18,02,2022 in W.P,No,32B of 2022 and batch as modifled by the order daied 22.42.2022 in I.A.

No.2 of 2022 in \A/.P.No.2985 of 2022,]n terms thereof, this writ petitron is disposed of as under \\i ithout any ordei- as to costs: (i) The respondent - Sub-Registrar is directed to regisler the document of sale, transfer and gift etc., presented for registration by the petitioner/s without .. reference to the Memo Nos.G2l25l /2019 dated 26.08.2020 aad 29.72.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNlvlC/2019 dated 01.11. ted 01.11.2019 issued by the respondent - the Commissioner, lvlunicipal Corporation, WRIT PETITION No.14226 of 2022 Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Comm jssioners in the State; (ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document referred in direction No,(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2027 filed by the State Government before the Hon'bre 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 tn SLP (Civil) No.19695 of 2027.

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 mbrance record, website etc.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.

To, //TRUE COPY// '1 .

The Principal Secreta ry, Revenue (Registration and Stam ps) Department, State of Telangana, Secretari at Buildin g, Hyderabad 2.

The e at Hyderabad Commissioner and lnspector General of Reglstration and Stamps, Telangana Stat The Sub-R istrar, Keesara Medchal-lt/alka jgiri District One CC to eg SRI P.BHARAT H CHANDRA Advocate toPUcl Two CCs to GP FOR REV Two CD Copres Sd/- P.PADMANABHA REDDY ASSISTANT REGISTRAR c-r/ SECTION OFFICER 3 4 5 6 7 copy \ GB One Spare ENUE, High Cou rt for the State of Telangana. [OUT] l HIGH COURT DATED:2910312022 ORDER WP.No.14226 of 2022 DISPOSING OF THE WP WITHOUT COSTS.

N< le ,, e ,,