Kontham Dayakar 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: 16863 OF 2022 Betwee n: Kcntham Dayakar Reddy, years, occ.

Business, Rio [v]andal, Wanapathy District, S/o Kontham Lakshmi Reddy, Aged about 43 H-No.

3-99, College Road, Pebbair Village and (Erstwhile Mahaboobnagar District), Telangana ...PETITIONER AND 1 The State of Telangana, Rep. by its Prl Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.

The Commissioner and lnspector General, Stamps and Registration Department, Hyderabad, Telangana.

The District Registrar, Wanaparthy Districtr Wanaparthy.

The Sub-Registrar, Wanaparthy, Wanapadhy District. ...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 lo issue the appropriate Writ, order or orders or direction more particulariy one in the nature of writ of mandamus declaring the action of the respondents more particularly 4th respondent in refusing to receive, process, register and release the sale deeds executed by the petitioner in favour of prospective purchasers in respect of open plots bearing Nos.

7, 9, 10, 12, 13, 15,16,17, 18, 19,20,21 and 22 in Survey No.15A out of to an extent of Ac.01-00 gts situated within the limits of Pebbair Municipality and [\/andal, Wanaparthy District (Erstwhile Mahaboobnagar District), pursuing to Memo No.

G2125712019, dated.

26-08-2020 issued by the 2nd respondent and without being any justification reason is being illegal, arbitrary, unjust and violation of provisions of the Stamps and Registration Act, 1908 and violative of Article "14 and 300-4 of the Constitution of lndia and consequently direct the respondent No. ondent No.4 to receive, 2 3 4 process, register and release the sale deeds presented by the petitioni:r herein in favour of prospective buyers in respect to open plots bearing Nos T 9' 10' 12' 13,15,16,17'18,19,20'2land22inSurveyNol5AoutoftoanextentofAc' 01-00 gts situated within the rimits of pebbair tvluniciparity and lr,4andal, Wanaparthy District (Erstwhile Mahaboobnagar District)' without reference to Memo No.

G2l257l2l1g'dt 26-08-2020 issued by the 2nd respondent herein' IA NO:1O F 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 4th respondent to receive' process' register and release the sale deeds presented by the petitioner herein in favour of prospective buyers in response to open plots bearing Nos' 7, 9'10'12' 13' 15' 16' 17' 18' 19' 20'21 and22in Survey No.15A out of to an extent of Ac 01-00 gts situated within the limits of Pebbair Municipality and Mandal' Wanaparthy District (erstwhile Mahaboobnagar District)., without reference to Memo No G2l257l2O19' dated 26-08-2020 issued by the 2nd respondent, Pending disposal of the'main Writ Petition' Counsel for the Petitioner:SRl' BONDEMPALLY RAMULU Counsel for thb Respondents: AGP FOR REVENUE The Court made the following: ORDER 1 Ho\OL] I].A BI,I,- SRI .I T]S'f I(' II \.\"SHR,,\\/AN I( U\I AR WRIT PETI'I'lON No.

1(rtt(r3 Olt 2022 ORDIiR: Ilerrld both sicles ancl perused thc ntatcrial otr lccot'cl 2.

It is subnrittcd bv the lcarned counsel on either siclc that sutrject ntattcr olthis Writ Pr:tition is scluarely covercci by tlre Cornnton Orcler passed by this Court in W.P.No.328 of 2022 and batch dated 18.02.2022, as nrociified by tlre Order datcd 22.02.2022 in l.A.No.2 o1 2022 in W.P.No.29li-5 ol 2022 and batoh, as such, this Wrir Petition may be clisposed rrl'in terms thereof .

3.

Thcrcfore, lbllowing the Conrnron Orclcr dated 18.V.2022 in W.P.No. in W.P.No.328 o12022 and batcir as moditled by the Orclol datcd 22.02.2022 in I.A.

No.2 of 2022 in W.P.No.2rs5 of 2022, in ten)rs lhercol, rhis Writ Pctjtion is disposed olas urrder u,ithout any ordcr irs 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 lVemo 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.4S/TP/NN,1Cl2019 dated 0 1 .1 1 .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 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 sublect to outcome of SLP (Civil) No.19695 of 2021 liled by the State Government before the Horr'ble Supreme Court; and (iii) in case, it is found that there is any 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 Reg strar 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 to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021.

To that effect, an endorsement shall be mace on the reverse side of the first / second page of the document and also in the encumbrance record, website etc.

There shall bc no orricr as to costs //TRUE COPY' SD/-T,SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER To, 1.

2.

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GB SB The Prl Secretary, Revenue (Stamps and Registration) Department, State of Telanga nal Secretariat, H ydera ba d.

The Commissioner and lnspector General, Stamps and Registrati( 1 Department, Hyderabad, Telangana.

The Distrrct Registrar, Wanaparthy District, Wanaparthy.

The Sub-Registrar, Wanaparthv, Wanaoarihv Disirict. one cc to sRt.

BoNDEtVpALLy RAtviuLU Advocate [opUC] Two CCs to GP FOR REVENUE, High Court for the State of felangana. lourl Two CD Copies.

One Spare Copy. v\ar The miscellaneous pctitions pending. il anr-. shall sriuld closccl.

HIGH COURT DATED:0610412022 ORDER WP.No.168.63 of 2022 DISPOSING OF THE WP WITHOUT COSTS.

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