Suresh Kumar Agarwal vs State of Telangana

PRESENT THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITIO N NO: 14241 0F 2022 Between: AND 1 2 Suresh Kumar Agarwal, S/o Late Chimanla Occ.

Business Having its office at 401 , Basheer Bagh, HYderabad lAqaruval Aqed about 55 Years, US" ResidencY, Palace ColonY, ...PETITIONER 3 State of Telanqana, Rep.by its Principal Secretary (Stamps and Registration) Deoartment Secretariat, Hyderabad. i;5U;;i.;6;eiint'indpector General of Resislration and stamps' 5-3- 965, M.l.

R;;d, negistration Bhavan, 4th and 5th Floor, Osmangunj' Hvderabad 500001. ;fr; s;b [i";ttiut, (stunlpt and Registration Department) Shamshabad' Ranga Reddy district. ...RES'.NDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedtoissueaWritofMandamus,oranyotherappropriateWritorderor direction, declaring the action of the Respondents No 2 and 3 m n allowing the registration of the sale deeds in the venture known HUDA COLONY with respect to the Plot No's.1,2,3,4, 9,10,13/SP' 24 rO 27 29 TO 32' 33 TO 35' 44' 49 10 53,60,64,70/NP,71TO74,75lNP,80'83,84,85,88/SP'89TO95'96TO99' 102 TO 111 carved out of land in Sy.

Nos.

72517.725.1 Pat"72517,Part (along with sub-divions numbers for all the suvery nubmbers if any) of shamshabad village and Ravenue Mandal, Ranga Reddy district, under Shamshabad Sub Registrar, as illegal, arbitrary and violation of Article 14'21 and 300-A of constitution of lndia and contrary to orders passed by this Honble court in wP No'924812021onthelMemoNo.257l2o1gdated26'8.2020issuedby2nd Respondent HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO A NO: Petition und 10F 2022 er 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 grant interim direction to Respondent No 3 to receive, regsitrar and release d release the sale deeds presented by the Petitioners firm Plots in the layout known as HUDA COLONY with respect to the Plot No's 1'2'3 ,4, 9, 10, 13lsP, 24 10 27 , 2S 10 32, 33 TO 35,44,49 TO 53, 60' 64 7o/NP', 71 ro 74,75/NP, 80,83, 84, 85, 88/sP,89 TO 95,96 TO 99, 102 TO 1',1 1 carved out of land in SY Nos 72517' 72511 Pafi,72517 'Par1' (along with sub-divion s numbers for all the suverY nubmbers if any) of shamshabad village and Ravenue Mandal, Ranga ReddY district, under Shamshabad Sub Registrar' without reference to Memo No' 25712019 daled 26'B'2020 issued by 2nd Respondent Counsel for the Petitioner: SRI P' AMARENDER REDDY Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION No'14241 of 2022 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 batch dated 18.O2.2022 as modified by the order daled 22'02'2022 in LA,No.2 of 2022 in W.P.No.29B5 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

3.

Therefore, following the common order dated lB'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 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 reglstration by the petitioner/s without reference to the Memo Nos.G2/25712019 dated 26,08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registratlon and Stamps, Telangana; Letter No.aSlTPlNMC/2019 dated 01. dated 01.11,2019 issued by the respondent - the Commissioner, Municipal Corporation, ORDER: 1 Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various lYunicipal 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 (Civll) 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 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 encumbrance record, website etc.

As a sequel thereto, miscellaneous in the writ petition shall stand closed. petitions, if any, pend ing SD/-K.ONESIM ASSISTANT REGISTRAR y/ SECTION OFFICER 1.

The Principal Secretary (Stamps and Registration) Department, State of Telangana Secretariat, Hyderabad.

2.

The Commissioner and inspector General of Registration and Stamps, 5-3- 953, M.J.

Road, Registration Bhavan,4th and sth Floor, Osmangunj, Hyderabad 500001. ,TRUE COPY// To, I ,1 3.

The Sub Registrar, (Stamps and Registration Deparlment) Shamshabad' Ranga ReddY district.

4.

One CC to Sri P Amarender Reddy Advocate [OPUC] Two CCs to GP For Revenue, High Court for the State of Telangana' [OUT] .

Two CD CoPies 7.

CoPies 7.

One SPare CoPY I\,1BC MMA,- a/ 5 6 I HIGH COURT DATED: 2910312022 'L g APil?1]?

I -\ o k '0 Jc,J ORDER WP.No.14241 of 2022 DISPOSING OF THE WRIT PETITION \ \ WITHOUT COSTS s...-_