Kakarla Narasimha Reddy vs The State of Telangana

Between: 1.

Kakarla Narasimha Reddy, S/o.

K'Narayana Reddy. aged about 65 years,.occ Fiivate Employee, R/o.

H, No.+8-azlt , papaiah Yadav Nagar, Near Rrnbow School, QuthbullaPur, HYderabad.

2.

Kakarla Sasikala, W/o.

Kakarla Chandra Sekhara Redd1, aged abolt 48 VearS.occHousewife,R/o.H.No'32-205,HALColony'GaJulararamF(oao' ilearUsha Ir,4ullapudi Hospital, Quthbullapur, Hyderabad' 3'ontedduSureshReddy,s/o.ontedduVenkataramrReddyaged^ab^oYt30 '- u.ars.

Occ Pvt.Emp16vee, R/o.

H.No 3/841iA, Tadipatri GVP L;olony' tadpatri.

AnanthapurbmL District Andhra Pradesh - 51541 ' 4.

Pedd aya llappagari Ashok Kumar, Reddy, q/.O P Sudarsana Reddy' ^aged ;il;t ?-;6ur{ o"" Private Emplovei', Rlo H No l/17' Kasanuru Roac' Frinw Sinit.l"Oripuram Village, Cuddapah, Andhra Pradesh -516454' 5.

Doddigolla tt,4allikarjuna, S/O.LATE.D Sunkayya, aged aboul 38 years' .occ " arii.Jis, nlo.

H.i'ro.s)2i6, A Tnimmalur'ah, p-edoa Vaduguru, Andhra Fiaoestr_bt s+s5 Represented by their Development Agreement-cum-GP_A HolderltitlsHoMESCAPESlNFRAPROJECTS'Representedby.lts pi.tn"rr_ N.N.S.S.N.Raju. s/o N.S.N.Raju. aged about 45 years. occ^upatron auslnes!, Resident of Fiat No.

301, SB Heights,_ Plot No 32, Medical society, Vivekananda Nagar, Kukatpally' Hyderabad-500072 AND A.Pavan Kumar Son Of A.Kalanidhi, aged about 43 years'- ^occupation ijJ.r"i., Resident of 503, Gharonda Annapurna Apartments, 1-10-1 5, street No.4.

Ashok Nagar, Hyderabad-500020. ...PETlTloNER(S) HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF N,IARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION No:15821 OF 2022 The State of Telangana, Rep by.its Principal Secretary, Revenue (Stamps and Registration).

Secretariat, Hyderabad The Commissioner and lnspector General of Registration and Stamps' Hyderabad, Telangana, The Sub-Registrar, Quthbullapur, lvledchal-l\'4alkaigiri District TheDundigall\/unicipality,Rep. ality,Rep.byitsCommissioner,Dundigal,lVledchal Malkaigiri District.

AND 1.

2 3 4 5.

The Commissioner and lnspector General of Reg,stration and Stamps, Hyderabad, Telangana.

6.

The Sub-Registrar, Quthbullapur, Medcha l-N/a lkajgiri District.

7.

The Dundigal lvlunicipality, Rep.by its Commissioner, Dundigal, l\,4edchal Malkajgiri 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 to issue any writ order or direction more particularly one in the nature of Writ of N,4andamus dectaring the inaction of the respondent No 3 in receiving, registering and releasing of the gift deed presented by the petitioners in respect of the sale deed presented by the petitioner in respect of the Semi-finished Flat No.402 in Fourth Floor of HOMESCAPES SUNRISE, having a built-up area of '1 125 Sq.

Feet (including common areas and car parking), with an undivided share of land admeasuring 25 Sq.

Yards (out of 534 Sq.Yards), constructed on Plot Bearing Nos.302 and 303, Block-B, in Survey Nos.22, 23 and 24, of K.V.R VALLEY, Situated at MALLAMPET VILLAGE, Dundigal-Gandimaisamma l\4andal, under Dundigal lr/unicipality, Medchal-Malkajgiri District, Telangana.

State, on the basis of Memo No.G2l2 5712019 dated 26.08.2020 issued by the respondent No.2 and letter bearing No.89/TPo/Dun lV/|p112019 d|.20.12.2019 issued by the respondent No.4 as illegal, arbitrary and unco n stitutio na I and consequently direct the respondent No.3 to receive, register and release the deed of gift deeds presented by the petitioners in respect of the sale deed presented by the petitioner in respect of the the Semi-finished Flat No.402 in Fourth Floor of HOMESCAPES SUNRISE, having a built-up area of 1 125 Sq.

Yards (out of 534 Sq.Yards), constructed on Plot Bearing Nos. aring Nos.302 and 303, Block-B, in Survey Nos.22, 23 and 24, of K.V.R VALLEY, Situated at MALLAIVPET VILLAGE, Dundigal-Gandimaisamma Mandal, under Dundigal Municipality, Medchal- lr/alkajgiri District, Telangana State, without the reference of the l\,4emo No.G2l257l2O19 dated 26.08.2020 issued by the respondent No.2 and letter bearing No.89/TPo/DunlMp112019 d1.20.12.2019 issued by the respondent No.4. lA NO: 1 OF 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 respondent No.3 to receive, register and release the deed of Sale deed presented by the petitioners in respect of+ the sale deed presented by the petitioner in respect of the the Semi-finished Flat No.402 in Fourth Floor of "HON/ESCAPES SUNRISE", having a built-up area of .1 '125 Sq.

Yards (out of 534 Sq.Yards), constructed on Plot Bearing Nos.302 & 303, Block-B, in Survey Nos.22, 23 &24, of "K.V.R VALLEY', Situated at MALLAMPET VILLAGE, Dundigal-Gandimaisamma Mandal, under Dundigal Municipality, N/edcha l-lva lkajg iri District, Telangana state, without the reference of the ltrlemo No.G2l257l2O19 dated 26.08.2020 issued by the respondent No.2 and letter bearing No.89/TPo/Dun/Mp1/2019 d1.20.12.20'19 issued by the respondent No.4 pending disposal of the writ petition.

Counsel for the Petitioner: SRl.

RAJAGOPALLAVAN TAYI Counsel for the Respondents No.1 to 3: AGP FOR REVENUE CounseI for the Respondents No.4: SRl.

N.PRAVEEN KUMAR The Court made the following: ORDER THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY ORDER Heard both sides and perused the material on Tecord 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. ted 18.02.2022 as modified by the order daled 22.02.2022 in LA.No.2 of 2022 in W.P.No.29B5 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

3.

Therefore, following the common order dated 1'8.02.2022 tn 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 reglstration by the petitioner/s without reference to the lYemo Nos.G2/257 /2079 dated 26.08.2020 and 29.12.2020 issued by the respondent - itne Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.4SITPINMC /2O19 dated 01.11.2019 issued by the respondent - the Commissioner, lYunicipal Corporation, WRIT PETITION No.15821 of 2022 Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Munlcipal Comm issioners 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 2027 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 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 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 to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 202L.

5 of 202L.

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.

As a sequel thereto, miscellaneous petitions, if anv. pending in the writ Detition shall stand closed. ,TRUE COPY' SD/- K.ONESIM ASSISTANT REGIfRAR ,L' SECTION OFFICER 1 The Principal Secretary, Revenue Telangana, Secretarial, Hyderaba ( d To, Stamps and Registration), State of 2.

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

The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District 4.

The Commissioner, Dundigal Municipality, Dundigal, Medchal Malkajgiri District.

5.

The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District.

The Commissioner, Dundigal Municipality, Dundigal, Medchal lMalkajgiri District.

8.

One CC to SRl.

RAJAGOPALLAVAN TAYI Advocate IOPUCI 9.

Two CCs to GP FOR REVENUE ,High Court for the State of Telangana louTl 10.Two CD Copies 1 '1 .

One Spare Copy [/IVA TR $i, HIGH COURT DATED:30/0312022 ORDER WP.No.15821 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1)- \ I HE SIA \ 7 L) 2 1 Ai:ll llil TGTT -6 t )) .q\v- '].