Pulli Renuka vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Between: AND 1 2 3 4 Pulli Renuka, D/o.Late Jalla Babaiah, W/o.Late p.Bheemraj, aged about 41 years, Occ: Housewife, R/o.

House No.5-8-414lF53/A, Ne6ji Nagar, Surya Hospital, Nampally, Hyderabad - 500 00.

Jella Sai Kumar, S/o.

Late J.Pentaiah, aged about 28 years, Occ: Service, R/o.

H.No.12-2-122,8R Ambedkar Nagar, Ir,4oosapet, Hyderabad - 500 0iB.

Jella Venkatesh, S/o.

Late J.Pentaiah, aged about 23 years, Occ: Service, R/o.

H.No.12-2-122,8R Ambedkar Nagar, l\iloosapet, Hyderabad - 500 018.

N Annasuja, -W/o.

N.

Satyanarayana, aged about 41 years, Occ: Housewife, R/ o H.No.12-17-26, Janala Nagar, I\,4oosapet, Hyderabad - 5OO 01g.

All are rep. by their GPA Holder, Konduru Ashok Kumar, S/o.

K.srinivasulu Reddy, ag.ed about 46 years, Occ: Business, Rl/o. plot No.

76, Flat No. i 02, Heavenly lVedows, Kalyan Nagar, Hyderabad - SOO03B. ,..PETITIONERS 1.

The State of Telangana, represented by its principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad.

2.

The Sub-Regrstrar, Balanagar, It/edchal Malkajgiri District.

3.

The Commissioner, and lnspector General of Registration and Stamps, Telangana State. ...RESPONDENTS Petition under Article 226 of 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 or order or direction more particularly one in the nature of Writ of lt/andamus declaring the action of the 2nd respondent in refusing to receive, register and release the sale deeds presented by the petitioners in respect of semi-finished flat nos.

303, 304, 403 and 404 in 3'd and 4th floors of 'J.R.RESIDENCY", constructed on House No.

12-2-121 , House No.

12-2-122 WRIT PETITION NO: 16705 OF 2022 andHouseNo. ndHouseNo.l2-2-l23,situatedatMoosapetVillage,KukatpallyMandal'under GHIvIC Kukatpally Circle, tvledchal - tr/alkajgiri District' Telangana State on the groundofMemobearingno.GZ]2STl2Olgdated26.oB.2o2oissuedbythe3,d respondentasillegal,arbitraryandcontrarytotheprovisionsoftheRegistration Act, 1908 and also contrary to the orders passed by this Hon'ble Court in W.P.No.9248 of 2021 and consequently direct the 2nd respondent to receive' registerandreleasethesaledeedspresentedbythepetitionersinrespectof semi-finished flat nos.

303, 304, 403 and 404 in 3'd and 4rh floors of "J.R.RESIDENCY", constructed on House No' 12-2-121' House No 12- 2-122andHouseNo.12.2-123,situatedattt4oosapetVillage,Kukatpally[r,4andal' underGHMCKukatpallyCircle,tr,4edchal.MalkajgiriDistrict,TelanganaState withoutreferencetoMemobearingno'G2t257t2O19dated26.08'2020issuedby the 3'd respondent as directed in W'P No 9248 oI 2021 ' IA NO: 10F 2022 Petition under 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 direct the 2nd respondent to receive, register and release the sale deeds presentedbythepetitionersinrespectofsemi.finishedflatnos.303,304,403 and 404 in 3'd and 4th 12-2-121, House No. floors of 'J.R.RESIDENCY", constructed on House No.

12-2-122 and House No.

12-2-123, situated at MoosapetVillage,KukatpallyMandal,underGHMCKukatpallyCircle,Medchal.

Malkajgiri District, Telangana State without reference to Memo bearing no.G2l257l201g dated 26.08.2020 issued by the 3'd respondent as directed in W.P.No.9248 of 2021, pending disposal of the above writ petition' Counsel for the Petitioners : SRl.

S SRIDHAR Counsel for the Respondents : AGP FOR REVENUE The Court made the following : ORDER I I I THD HONOURABLE SRI JUSTICE N,V.

SHRAVAN KUMAR WRIT PETITION No.167O5 OF 2o22 ORDER: Heard both sides and perused the material on record 2. 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 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 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.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 registration by the petitioner/s without references to the Memo Nos.G2l257 /2Ot9 dated 26.08.2020 and 29.72.2020 issued by the respondent - the Commissioner alrd 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 I l Reddy District, and similar letters, rf 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 2021 frled by the State Government before the Hontrle Supreme Court; a-nd (iii) in case, it is found that there is any violation of law like plots / lards / structures being sold form part of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shail 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 out ect to outcome of orders of the Hon'ble Supreme Court in SLp (Civil) No.19695 of 202L.

To that effect, an endorsement shall be made on the reverse side of the first / second page ol the document and also in the encumbrance rccord. 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 / To, SECTION OFFICER 1.

The Principal Secretary,.

Stamps and Registration Department, Secretariat, State of Telangana, Hyderabad - 2.

The Sub-Registrar, Balanagar, Medchal Malkajgiri District.

The Commissioner, and lnspector General ot Rigistration and Stamps, Telangana State tl"l 4.

One CC to SRl.

S SRIDHAR' Advocate' tOPt]Cl, 5.

Two ccs to GP FoR R;\EN'UE''i'g; C"''t for the State of Telangana at Hyderabad.[OUT] 6.

Two CD CoPies 7, One SPare CoPY SB BS & HIGH COURT DATED:0410412022 ORDER WP.No.16705 ot 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. ))) 21 r,fi??.:D?-2 Gt .d * ) zr'"G;\\