Parsa Mallaiah vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 16922 OF 2022 Between: Parsa Mallaiah, S/o Rayamallu Aged 79 years Occ Agriculure R/o H.No.

2- 99,Peddakalvala within the limits Peddapalli It4uncipality, Peddapalli Telangana State. ...PETITIONER AND 1 2 3 The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad The Commissioner and lnspector General of Registration and Stamps, Telangana State at Hyderabad.

The Sub-Registrar, Peddapalli at Peddapalli. ...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 a Writ order or direction one more particularly in the nature of Writ of lt4andamus, by declaring the action of the 3rd respondent in refusing to receive, register and release the sale deeds presented by the petitioner through his GPA Holders in respect of open Plots in a non agricultureland in survey number 131lBla to an extent of Acres 1 .

18 guntas situated at Peddakalvala village within limits of Peddapalli Muncipality,Tela nga na State on the basis of Memo No.G2l25712019, dated 26-08-2020 as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article '14 of Constitution of lndian and consequently to direct the 3rd respondent to receive, register and release the sale deed presented by the petitioner in respect of above said property, notwithstanding the Memo No.G2l25712019, dated 26-08-2020, issued by the 2nd respondent. espondent.

IAN F 2022 Petition under Section 151 CPC praying that in the circunrstances stated in the affidavit filed in support of the petition, the High Court nray be pleased direct the 3rd resp )ndent to receive, register and release tre sale deeds presented by the per tioner through his GPA Holders in respect ol the open Plots in a non agriculture land in survey number 131lBla to an extent of Acres 1 .1 8 guntas situated at F eddakalvala village within limits of Peddaperlli Municipality, on the basis of Merro No.G2125712019, dated 26-08-2020 withcut reference to lvlemo No.G2l257121 19, dated 26-08-2020, during the pendency of the above writ petition.

Counsel forthe Peti ioner: SRl.

ALLADI RAVINDER Counsel for the Res :ondents: AGP FOR REVENUE The Court made the following: ORDER I HONOURABLE SRI JUSTICE N.V.SHRAVAN KUN{AR WRIT PETITION No.

16922 OF 2022 ORDER: Heard both sides and perused the material on record.

2.

It is submitted by the learned counsel on either side that subject natter of this Writ Petition is squarely covered by the Cornmon 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 ol in terms thereoL 3.

Therefore, lollowing the Courmon Ordcr dated 18 02.2022 in W.P.No.328 of 2022 and batch as nrodified by the Ordcr dated 22.02.2022 in I.A.

No.2 of 2022 in W.P.No.2985 of 2022, in tems thereol, 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 I\.4emo Nos.G2l25712019 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45ffPlNMC/2019 dated 01.11. ted 01.11.2019 issued by the respondent - the Commissioner, lvlunicipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various lVlunicipal 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) t No.196{ 5 of 2021 filed by the State Government before tho Hon'ble Suprem r Court; and (iii) in c Lse, it is found that there is any violation of law like plots / lands i ;tructures being sold form part of F.T.L. and Buffer Zone / Plots he /ing less than 30 feet road width access, the Sub lfegistrar shall ma ie an endorsement informrng / cautioning the purchasers that risk is in ,olved in purchase of such plots; such transactions erre hit by relevant itatutory provisions, that registration of the same is subject to outcom€ ol orders of the Hon'ble Supreme Court in SL, (Civil) No.1969 i of 2021.

To that effect, an endorsement shall be rnade on the reve ;e side of the first / second page of the document anl also in the encu nbrance record, website etc.

There shalI bc no orde ' as to costs.

The miscell: reous petitions pending, il any, shall stancl closed SD/-P.PADMANABHA REDDY ASSISTAI,IT REGISTRAR ?, I i To, ,TRUE COPY// SEC:TION OFFICER The Principal I ecretary, Revenue (Registration and Stamps) Department, State of Telanr ana, Secretariat Building, Hyderabad.

The Commissi )ner and lnspector General of Registration end Stamps, Telangana Sta e at Hyderabad.

The Sub-Regi: rar, Peddapalli at Peddapalli.

One CC to SF 1.

ALLADI RAVINDER Advocate [OPUC] Two CCs to G ) FOR REVENUE ,High Court for the State of -[elangana.

IouT] Two CD Copie ; One Spare Co ,y 1 2 3 4 E 6.

7.

MMA SB c\l- HIGH COURT DATED:06/041i 022 ORDER WP.No.16922 ol 20', 2 DISPOSED OI.' WRIT PETITION WITHOUT CO ;TS e .zi-__--.'-- rxE SlAr.. \.

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