Sri. Vejandla Samab Siva Rao vs The State of Telangana

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 HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 14234 0F 2022 Between: Sri.

Veiandla Samab Siva Rao, S/o .Sree Ramtrlu Aoed about 69 years Occ H"ti*,itn-6r"v"", tt""'.'FrfiNbl'OSS, Frut r'ro. toi F[,,4T Swarnapuri colonv.

A.;;;p;; M;;oai ano lr'lunicipalitv' Sansa Reddv District ...PETITIONER The State of Telangana.

Rep by its Principal Secretarv Revenue in""J#lir" i-l riii s=tm p. r ii" #,tme nt S ec teta ri at B ui ld i n g' H vd e ra b a d The Commissioner and lnspector General of Registration and Stamps' Telangana State at HYderabad The Sub-Registrar, Shankarpally, Ranga Reddy District' AND 1 2 3 ...RESPONDENTS Petition under Article 226 oI the Constitution of lndia praylrg that in the circumstances stated in iiJ uiriorrit fited therewith, the High court may be ;i;;; i" -b*" u writ, Order or Direction' more partrcularly' one ]" th: l']:i::j ilirit oi ftl.naumus, by declaring the action of the 3rd respondent in not recetvtng and to register ano r."t"asefn""gittiutiL"'"lJ d":1 oresented bv the petitioner in respect of the Agricurtriui ii'' Land No 6C in Sy No: .

404. .a,nd 405' admeasuring 550 Sq.YardJ o' asS Az Sq lr/trs' situated at Poddatur Village and a;;;;;;;;;yuiri unout s-nantarpattv Mandll' Ransa Reddv District' Telangana State, on the basis ot n'remo iobztisltzol 9' lssued by the 2nd respondent as illegal, arbitrary, untawiut, iiirto'tl'llJiition -and. contiary to the provisions of i;;a;slrir"tio'n n.t, rgoa ani tn vioration of Article 14 of constitution of lhdian and consequently to oirect ihe 3rd respondent to receive' register and release the gift settlement O""O p'"'""nt"O Uy't1" l:l'li9l"'in respect of above said property, notwithstanding" ;h" 'N;;;; No cztzst tzol g' issued bv the 2nd respondent IA NO: 10F 2022 Petition under Section 151 CPC praying that in the circumstances state nces stated in the affidavir titeo in supiort'Jr,r," p"iit.n ir,u Hior, court may be pleased to direct the 3rd respondent ill".Liu". register and rele"ase the qift settlement deed presented by the petition"|.'r""r".pl"iii the Agricultural Farm Land No.

6c in Sy.Nos.404 and 405, admeasuring 550 Sq.Yards or 459.87 Sq.Mtrs, situated at Poddatur Village and Grampanchayath, Under Shankarpally IMandal, Ranga Reddy District, Telangana State, without reference to Memo No.G2l257 12015 , issued by the 2nd respondent, pending disposal of the above writ petition Counsel for the Petitioner:SRl.

CHOKKI NARENDER Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY w RIT PETITIONNo,14 234 of20 2 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'328 of 2022 and batchdated|a,o2,2022asmodifiedbytheorderdated22'o2.2o22 in I.A.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 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'2985 ot 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 petitioner/s without reference to the Memo Nos'G21257 /2OI9 dated 26.08.2020 and 29.12'2020 issued by the respondent - the Commlssioner Registration and and Inspector General of <ramnq Telanoana; Lette r No. ette r No.45lTP/NMC/2019 dated 01'11 2019 issued by the respondent - the Commissloner' f4unicipal Corporation' 2 in the Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners 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'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 encumbrance record, website etc.

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

SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To, 1.

The State of Telangana, Rep' by its Principal Secretary' Revenue (Registration anO stanipsi-fiepartm"nt' Secretariat Building' Hyderabad' 2.

The commissionercna-l*p".tor.

General of Registration and Stamps, Telangana State at Hvderabad' 3. il; a".,;-R"sistrar, Shankarpallv' Ra nga Re.ddv District' ;. o;; cC to s-rl. cnokt<i Narender' Advocate [oPUCl , 5.

Two CCs to GP for di"pt a ilSistration' High Court for the State of HIGH COURT DATED:2910312022 ORDER WP.No.'|4234 of 2022 Disposing of the WP Without costs. $,8 Jir\i€ 1 (;) ,t:o,J 0 7 Arii2[2 * Dc.::, '' -ri -t. '' -ri -t.| a.