J. Narsimha Reddy vs THE STATE OF TELANGANA

HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original J urisdiction) N/ONDAY,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: '15442 OF 2022 Between: 1.

J.

Narsimha Reddy, S/o Venkat Reddy , Age 48 years, occ: agriculture, R/o. chandam peta mandaiam post and village, chitriya residents, Nalgonda dist.

2.

S.Srinivas Reddy, S/o Ram Gopal Reddy, Age.

45 years, occ: Business, R/o.

Boyagudem Village, Peddapuram Post, Nampalli [,4andal, Devarakond a, N algonda Dist. ,..PETITIONERS AND 1 .

THE STATE OF TELANGANA, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2, THE COI\.4i,4ISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, Hyderabad, Telangana.

3.

THE SUB-REGISTRAR, DEVARAKONDA At Devarakonda, Nalgonda District. ...RESPONDENTS Petition under Arlicle 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 Maddamus, questioning the action of the Respondent No.3 in refusing to receive, process to register and release the sale deeds/Gift deeds presented by the petitioner with respect to land in Sy No.

390/e adm an extent of Ac 3.1 I Gls and the land in Sy No.

389/e/'1 , 389/e/2, 389/e/3 adm and extent of Ac 0.38 Gts, Ac 0.38 Gts, Ac 0.35 Gts in total Adm an extent of Ac 2.31 Gts in total land admeasuring Ac 06.19 Gts situated at Nampally Viilage, nampally Parishat N,4andal, Devarakonda, Nalgonda District, on the grounds of Memo No.

G2125712019, Dated 26.08.2020 issued by the Respondent No.2 as arbitrary, illegal, without any jurisdiction, contrary to the provisions of the Registration Act, and consequently to direct the Respondent No.3 to receive, process, register and release the sale deeds/Gift deed presented by Petitioner in respect of Plots in respect of land in Sy No. in Sy No.

390/e adm an extent of Ac 3.19 Gts and the land in Sy No.

3891e11, 3891e12,389/e/3 adm and extent of Ac 0.38 Gts, Ac 0.38 Gts, Ac 0.35 Gts in total Adm an extent of Ac 2.31 Gts in total land admeasuring Ac 06.1 9 Gts situated at Nampally Village, nampally Parishat i/andal, Devarakonda, Nalgonda Oistrict.

IA NO: 1 0F 2022 Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit flled in support of the petitlon, the High Court Inay be pleased to Direct the Respondent No.3 to receive, register and release the sale deeds/Gift deeds presented by petitioner in respect of Plots in respect of land in Sy No.

389/e/1 , 389/e/2, 389/e/3 adm and extent of Ac 0.38 Gts, Ac 0.38 Gts, Ac 0.35 Gts in total Adm an extent of Ac 2 31 Gts in total land admeasuring Ac 06.19 Gts situated at Nampally Village, nampally Parishat Mandal, Devarakonda, Nalgonda District without reference to Memo No.

GZt257l2O19.

Dated 26.08.2020 issued by the Respondent No.2 Pending disposal of the Writ Petition in the interest of iustice.

Counsel for the Petitioners : SRl.

S VIPLAV SllVlHA REDDY Counsel for the Respondents : AGPFORREVENUE The Court made the following : ORDER THE HONOURABLE SRI JUSTICE N.V.

SHRAVAN KUMAR WRIT PETITION No.15442 oF 2022 ORDER: Heard both sides and perused the material on record' 2.

It is submittecl by the learned counsel on either side that subject mattcr 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 modif led 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.

Therefore, following the Common Qrder dated l8'O2'2O22 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. in W.P No.2985 ol 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.G2l257 12019 dated 26 08 '2O2O and 2g.12.2O2O issued bv the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation' 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 Registrtfs in the State sha]l make ar-t 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 2O2l 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 lil<e plots / lands / structures bcing sold form par-t of F.T.L. and Buffer Zone / Plots hziving less than 30 feet roacl width access, the Sub Registrar shall mal<e an endorsement informing / cautionir-rg the purchasers tllat risk is involvecl 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 endorsemenl shall be made on the reverse side of the first / second page of the document and also in the encumbralce record, website etc.

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

There shall be no order as to costs' i/TRUE COPY// so/-MoHo.sANAU LLAH ArlsARl ASSISTANT &E9}STRAR .V SECTIC'N OFFICER To, 1.

The Principal Secretary, Revenue Department' Secretariat' State Of Telangana' Hyderabad.

Z. ii" -Com. ii" -Com.issioner And lnspector General Of Registration And Stamps' Hyderabad, Telangana.

I 3.

The Sub-Registrar, Devarakonda At Devarakonda, Nalgonda Diskjct.

4.

One CC to SRL S VIpLAV SIMHA REDnV aa,"",r. inorlnl s.

Two Ccs to Gp FOR REVENUE, Hrsn courr for ih; siu'tl'oiiJuns"r, "t Hyderabad.[OUT] 6.

Two CD Copies 7.

One Spare Copy SB SB 'J"+:- HIGH COURT DATED:04/0 412022 ORDER WP.No.15442 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

2? l:? ?82 I * .a A f: ti s 1 14 k c. o 11.