Konda Amarnath Reddy vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY Betw ee n : 1 2 Konda Amarnath Reddy, S/o.Krishna Kumar Reddy Aged about 39 years, Occ .

Software Employe'e R/o.Flat No.310, Shri Krishna flbhqs Opp.

Lane to Pillar-1 19, Near lndiari Bank Attapur, Rajendranagar' R.R.District.

Konda Aravind Reddy, Sio.Krishna Kumar Reddy Aged about 37 years, Occ ' Doctor R/o.H. no.5-1'-270, Subash Nagar lr,4a habubnagar, firlahabubnagar District ..,PETrroNERs 1 The State of Telangana, Rep by its Principal Secretary Stamps and. - Registration Depar{ment, S<icreltariat Buildings, BRKR Bhavan, Tank Bund' Hyderabad.

The Commissioner, and lnspector General of Registration and Stamps, [\,4.J l\,4arket, Hyderabad, Telangana State.

The Sub-Registrar, lVahabubnagar, l\,4ahabubnagar Disrtrict 2 3 RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances 3tated 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 Mandamus, declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deeds presented by the Petitioners in respect of Prot bearing No.214 admeasuring 133.33 Sq.ards Plot No.215 admeasuring 213.77 Sq. yards, Plot No.216 admeasuring 133.33 Sq. yards, Plot No.217 admeasuring 133.33 Sq. yards, Plot No.21B admeasuring 133 33 Sq. yards, Plot No.219 admeasuring 133.33 Sq. yards, Plot No.220 admeasuring 133.33 Sq. yards, Plot No.221 admeasuring 133.33 Sq. yards, Plot No.222 admeasuring 133.33 Sq. yards and Plot No.213 admeasuring 133.33 Sq.yrds. ('1 0 plots) total admeasuring to an extent of 1413.74 sq. yards in Sy. rds in Sy.No,575/A2, 575/43 and 5751A4 situated at Devarakadra Sivaru, Devarakadra Village and Ir,4andal, Ir,4ahabubnagar District, on the Ground of lvlemo bearing No.G212571201 I dated 2610812020 and 2911212020 issued by the 2nd respondent AND WRIT PETITION NO: 15891 OF 2022 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 deeds presented by the Petitioners wilhout reference to Memo bearing No.G2l257l2O19 dated 26/08/2020 and 2911212020 issued by the 2nd respondent 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 herein to receive, register and release the sale deeds presented by the Petitioners in respect of Plot bearing No.214 admeasuring 133.33 Sq. yards Plot No.215 admeasuring 213.77 Sq. yards, Plot No.216 admeasuring 133.33 Sq. yards, Plot No.217 admeasuring'133.33 Sq. yards, Plot No.21B admeasuring 133.33 Sq. yards, Plot No.219 admeasuring 133.33 Sq. yards, Plot No.220 admeasuring 133.33 Sq. yards, Plot No.221 admeasuring 133.33 Sq. yards, Plot No.222 admeasuring 133.33 Sq. yards Et Plot No.213 admeasuring 133.33 Sq.yrds. (10 plots) total admeasuring to an extent of 1413.74 sq. yards in Sy.No.575/A2, 5751A3 and 575/A4 situated at Devarakadra Sivaru, Devarakadra Village and Mandal, lt/ahabubnagar District, without reference to lt/emo bearing No.G212571201 9 dated 2610812020 and 291122a20 issued by the 2nd respondent, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI T.

RAJINIKANTH REDDY Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER t THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY ORDER Heard both sides and perused the material on record.

2. record.

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It is submitted by the Iearned 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 t8.O2.2O22 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. (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 reference to the Memo Nos.G2/257 /20L9 dated 26.08.2020 and 29.72.2070 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNtt4C/2079 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, !

WRIT PETITION No.15891 of 2022 3.

Therefore, following the common order dated 78.02.2022 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: 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; (il) 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 is found that there is any violation of law llke plots / lands / structures belng 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 endoTsement lnforming / cautioning the purchasers that risk ls involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration of ration of the' same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2027.

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, misceltaneous petitions, if any, pending i in the writ petition shall stand closed. i //TRUE COPY// SD/.T.TIRUMALA DEVI ASSISTANT REGISTRAR SECTION OFFICER !

To, 1 2 The Princioal Secretary Stamps and Registration Department State of feLnqiniSecretariat'Buildin.gs, BRKRBhavan, Tank Bund, Hyderabad . ffrJCtmmissloner, and lnspeitor General of Registration and Stamps, tV'J tt/arket.

Hvderabad, Telanoana State.

The Sub-Registrar. l\rlahabubnagar. lVla habu bnaga r Disrt rict One CC to S-ri T Rajinikanth Reddy Advocale LOPVCI fwo CCs to GP Foi Revenue, Hitih Court for ihe State of Telangana [oUT] Two CD Copies One Spare Copy +{< 3.

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7. tilBC HIGH COURT DATED: 3010312022 ORDER WP.No.15891 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS v i!E fril?rr?i * -::, \,r I ( o O ) r "i ,\ $\