K.Ashok Kumar Reddy vs The State of Telangana

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: 16767 OF 2022 Between: 1.

K.Ashok Kumar Reddy, S/o.

Venkat Narsimha Reddy, Aged abo-ut 34 years, Occ.

Agriculture, Rl/o.

H.No.B-122, Thigalappa Katta Village, Devarakadra Mandal, Mahabubnagar District.

2.

B.Praveen kumar Reddy, S/o.

Satyanarayana Reddy, Aged about 44 years, Occ.

Agruculture, Devarbkadra Village and Mandal, Mahabubnagar District. ,,.PETITIONERS 1.

The State of Telangana, Rep by its Principal Secretary Stamps and - Registration Department, Secretariat Buildings, BRKR Bhavan, Tank Bund, Hyderabad.

The Commissioner and Inspector General of Registration and Stamps, M.J Market, Hyderabad, Telangana State.

3, The Sub-Registrar, I\,4a ha bu bnaga r, Mahabubnagar District. ...RESPONDENTS Petition under Article 226 ol 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 Writ of l\r1andamus, declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deeds presented by the Petitioner in respect of Plot bearing No.1 admeasuring 90.00 Sq.yrds, Plot No.2 admeasuring 109.16 Sq.yrds, Plot No.3 admeasuring 145.00 Sq.yrds, Plot No.S measuring '132.50 Sq.yrds, Plot No.17 admeasuring 160.00 Sq.yrds, Plot No.1B admeasuring 133.33 Sq.yrds, Plot No.22 admeasuring 133.33 Sq.yrds, Plot No.33 admeasuring 186.00 Sq.yrds, Plot No.35 admeasuring 144.00 Sq.yrds, Plot No.37 admeasuring '120.00 Sq.yrds, Plot No.38 admeasuring 120.00 Sq.yrds, Plot No.40 admeasuring 144.00 Sq.yrds, Plot No.47 admeasuring 120.00 Sq.yrds and Plot No'48 admeasuring 120.00 Sq.yrds (14 Plots) in Sy.No. in Sy.No.562/A5, 5621A4,562/42 situated at Devarakadra Village and lrrlandal, Mahabubnagar District, on the Ground of Memo bearing No.G2125712019 dated 26.08.2020 and 29.12.2020 issued by the 2nd respondent as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act-'1908, and Violation of Article 14 of Constitution of lndia, and consequently direct the 3rd Respondent to receive, register and release the sale AND deeds presented bv the petitioner without reference to Memo bearing No G2l257l2o19 dated 26-08.2020 una zei ri.io2o iisueo by the 2nd respondent.

Petition under Section.l:1 CpC praying that in the circumstances stated in the affidavit fired in support of the petition, ir.,,""Hlgh'cor.t may be preased to drrect the respondent No.3 herein to receive, ,."girf""i and rerease the sare deeds presented by the petitioner in respect or ptJt bearing No.1 admeasurinq go.oo Sq.yrds, Plot No.2 admeasuring rog.1o sq y;i"pr"i'rrr""s .ir"rlJl.nt,i! oo sq yrds, Prot No 5 admeasuring- r sz.so sqlv'ros,'prot No.1 7 admeasuring 160.00 sq yrds, Plot No.1B admeasuring 133 33 sqrrds, prot No.22 admeasurinq 133.33 Sq.yrds, Plot No.33 admeasurin!

1gg 90 aq,fi;, pi"ir.r".5i;#;;;.;;; 1;;.. sq'yrds, prot No.37 admeasurin! rzo.oo s,i.vrJr, piot r.{o.se admeasurinq 120.00 Sq'vrds, prot No.40 admeasurin! rq+.oo aq.fi;, iiot No.+z admeasurin6 120.00 Sq.yrds Et ptot No 48 admeasurins rzo oo sq.yro. ita pr"tri i;t.y",ilYu;;)o., 562rA4, 562/42 situated at DevaiakrJri viril6"'and '\,4andar, Mahabubnagar District, without reference.lo y"To o"uring ii."cztzsltzolg dated 26.08.2020 ?Zl,r?"r".,rror0 issued by the 2nd r.u.ponJ""nt,'puiotns disposai"iil ",ri" writ lA NO: 1 OF 2022 Counsel for the petitioners:SRl.

T.RAJINIKANTH REDDy Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER /, /, HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.

16767 OF 2022 ORDER: Heard both sides and perused the material on record' 2. record' 2.

It is submitted by the leamed counsel on either side that subject rnatter of this writ Petition is squarely covered by tlie 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 0f 2022 in w.P.No.2985 0f 2022 and batch, as such, this writ Petition rnay be disposed of in terrns thereof.

3.

Therefore, following the Common Order dated 18.02.2022 in W'P'No'328 of 2022 and batch as modified by the order dated 22.02.2022 in LA.

No.2 of 2022 in w.P.No.2985 of 2022, in terms thereof, this wdt 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 [\'4emo Nos.G2l257l2019 dated 26.08.2020 and 29.12.2o2o issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.4S/TP/N[/C/20 19 dated 01 .1 1 .201 I 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 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) No.19695 of 2021 filed by the State Government before the Hon'ble Supreme Court; and (iii) in case, it !s found that there is any violation of law like plots / lands i 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 t subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.'19695 of 2021.

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.

There shall be no order as to costs.

To, SD/- K.VENKAIAH ASSISTANT REGISTRAR //TRUE COPY/I ,, , (to SECTION OFFICER '1 .

The Principal Secretary, Stamps and Registration Department, State of ^ Ielangana, Secretariat Buildings, BRKR Bhavan, Tarik Bund, Hyderabad.

The Commissioner and lnspector General of Registration "nO Sirrpi, V.L Market, Hyderabad, Telangana State.

The Sub-Registrar. lvlahabubnaqar, Mahabubnaqar District.

4.

One CC to SRL T.RAJTNTKANTH REDDy Advo6ate [OpUC] 5.

Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. lourl 6.

Two CD Copies.

7.

One Spare Copy.

GB NN f The miscellaneous petitions pending, il any, shall stand closed. \\- HIGH COURT DATED:0610412022 ORDER WP.No.16767 of 2022 DISPOSING OF THE WP WITHOUT COSTS. cr,:l t,* r$ 9l'i,\r 2rj22 -* \4\ ,}/ f*