Koramoni Padmamma vs The State of Telangana

PRESENT THE HON'BLE SRI JUSTICE N.

V.

SHRAVAN KUMAR WRIT PETITION NO: 152't9 O 2022 F Between: Koramoni Padmamma, W/o.

K Venkataiah , Age 62 years Occupation-House WifJ , R/o.Hno- 4-1OOl1, Rami Reddy -Ey-e Hospital ., . fnuO^gndg' lVlahaboobnagar, Telanganana Rep by GPA Sri N Shanthaiah ,S/o N ehimiiatr , Age' -34 ye"ars, Occupation -Business, Hno 3-69, BC Colony ,Enugonda, Mahaboobnagar, Telanganana ...pETtTtoNER The State of Telangana, Rep., by Principal Secretary, Department of Revenue, Secretariat, HYderabad.

The lnspector General, Stamps and Registration, I\/ozza m Jahi Market, AND 1 2 3 ...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 an appropriate Writ, Order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.3 in not receiving, registering and releasing the documents/sale deeds in favour of the prospective purchasers produced by the Petitioner basing on the memo issued by the Respondent No.2 vide No.G2l257l2019 dated.

26-08-2020 and amended memo No.G2l257t2O19 dated.

29-12-2020 lor the unapproved plot bearing No 9, 10, 18 in an extent admeasuring Ac 1 .00 gts in Sy No.

60 At Yenugonda' Mahaboobnagar District Telangana inspite of the order dated.

23-08-2021 passed by the Hon'ble High Court in WP No.

9248 of 2021 as illegal, arbitrary, unfair' against to the Principles of Natural Justice and violative of Article 14 and 300-A of the constitution of lndia and consequentially direct the Respondent No.3 to receive, register and release the documents/sale deeds in favour of the prospective purchasers produced by the Petitioner for the unapproved plot bearing Hvderabad, T.S.

The Sub-Registrar, IVlahabubnagar HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) tVONDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO No 9, 10, 1B in an exte in an extent admeasuring Ac I .00 gts in Sy.No.

60 At yenugonda, Mahaboobnagar District Telangana in the interest of justice IA NO: oF 2022 1 / Petition under section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondents No.

3 to receive, register and rerease the documents/sare deeds in favour of the prospective purchasers produced by the petitioner for the prot bearing No 9, 10, 18 in an extent admeasuring Ac 1.00 gts in Sy.No.

60 At Yenugonda, Mahaboobnagar District rerangana without reference to the Memo No'G2/25712019 dated.

26-08-2020 and amended memo No. g2r2sil2019 dared.

29-12-2020 issued by the Respondent No.2pending disposar of the present writ petition in the interest of justice Counsel for the petitioner: SRI NILESH NARANIA Counsel for Respondents: AGp FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.

SHRAVAN KUMAR WRIT PETITION No.15219 OF 2022 ORDER Heard both sides and perused the materiai 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 18.02.2022 as modified by the Order dated 22.02.2022 in I.A.No.2 ot 2022 in W.P.No.298S ol 2022 and batch, as such, this Writ Petition may be disposed of in terms thereof.

3.

Therefore, following the Common Order dated 18.O2.2022 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.298S 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 registration by the petitioner/s without references to the Memo Nos.G2/257 /2079 dated 26.08.2020 and 29.12. and 29.12.2020 issued by the respondent - the Commissioner and Inspector Genera-l of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2O 19 dated O1.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga 1 I I 2 To, Reddy District, and similar letters, if any, issued by the various Municipa-1 Commissioners in the Statel (ii) the Sub Registrars in the State shall mal<e an endorsement at the reverse side of t-he hrst page of the document referred in direction No.(i) that registration so done is subject to outcome of SLp (Civil) No.19695 of 2021 ftled by the State Government before the Hon,ble Supreme Court; and (iii) in case, it is found that there is arry 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 sha-1l ma_ke an endorsement informing / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisionsl that registration of the same is subject to outcome of orders of the Honble Supreme Court in SLp (Civil) No.19695 of 2027, To that effect, an endorsement sha.ll be made on the reverse side of the first / secor-rd page of the document and also in the encumbrance record. website etc.

The miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs. //TRUE COPY// Sd/- K.

ONESIM ASSISTANT REGISTRAR !L SECTION OFFICER j:i:f , Secretary, Department of Revenue, State of Tetangana Secretarjat, lnspector General, Stamps and Registration , Mozzam Jahi Market, Hyderabad, 1.

The Hvd 2.

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MBC Ihe S^r.I:Re^gis.tpr, Ma habu bna gar i.i, Egi!:|3i'ffiA:l8l,lXlffInTa.3;:I"y:* State of re ansana roUrl One Spare bopy .lr $ I HrGH cdunr NVSK,J DATED: 0410412022 1; -tHg STA 16 a Joo t * t ^- -. 'rrC ORDER WP.No.

DER WP.No.15219 of 2022 WITHOUT COSTS o* 1 2 AFii 2022 I it DISPOSING OF THE WRIT PETITION