GURU SAMRAT HOUSING WELFARE SOCIETY vs The State of Telangana and 3 Others

Between: GURU SAI/RAT HOUSING WELFARE SOCIETY, (Regd No.

184912012) having its registered oflrce at D.No.2-22-2141-43, Flat No.

503, Balaji Villa, A.S.

Raju Nagar, Kukatpally, Hyderabad-500072 Rep. by its Secretary Sri Gudapati Sarat Babu, S/o.

G.Ranga Rao, Aged about 60 years, R/o.

D.No.2-22-2141- 43/503, Balaji Villa, A.S.

Raju Nagar, Kukatpally, Hyderabad-500072.

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) THURSDAY ,THE THIRTY FIRST DAY OF IMARCH TWO THOUSAND AND TWENTY TWO ...PETITIONER AND 1 2 J 4 The State of Telangana, Rep.by its Principal Secretary, Stamps and Registration Department, Telangana Secretariat at Hyderabad.

The Commissioner and Inspector General of Registration and Stamps, N/ojamjahi lt4arket, Hyderabad, Telangana State.

The District Registrar, Registration and Stamps Department, Nalgonda District, Nalgonda.

The Sub-Registrar, Bhuvanagiri, Yadadri Bhuvanagiri O,t,t,Ll*=aTONDENTS 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents more particularly respondent No.4 in not receiving, processing, registering and releasing the documents presented by the petitioner society in respect of open Plot Nos.

32,33,34,35, 36, 37, 38, 39, 40, 41 , 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 73, 74, 75, 76, 77, 82.

83, 84, 85, 91, 1 00, 1 01, 103, 1 16, 120, 121, 130, 131, 132, 1 35, 1 46, '1 61, 1 93, 1 94, 1 95, 197, 200, 201, 203, 204, 205, 205, 213, 21 4, 215, 216, 217, 223, 235, 236, 242, 255, 260, 281, 285, 301, 302, 303, 313, 325, 326, 332, 346, 368, 369, 387, 389, 390, 394, 402,416.417,418,433, 435, 439,449,453, 460, 469.

473.

469.

475, 476,597, 599, 608/1 , 620, 624, 625, 62511, 634,661, 667, 667/1, 668, 668/1, 669, 669/1, 670, 67011, 672, 67211, 673, 67311, 674, 67411, 675, PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 14723 OF 2022 67511,676,676t1,677, 677t1,678,679, 680, 68l, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 694, 69411, 695, 69s/1, 696, 696/1, 697, 697t1, 698, 698/1, 699, 699/1 ,704,713,720,721 ,723,730,774,797,928, 930, 938, 939, 941, 945,97011,97012,97O13,97O14,971, 973, 990, 992 (total 187 plots) out of total an extent of admeasuring 5783 sq. yards forming part of Sy.

Nos 197/P, 19BiP, 199|P, 2OO|P, 2051P, 2061P, 2O7lP, 208lP, 2091P, sjtuated at Nagireddipally Gram Panchayath, Nandanam Village, Bhongir Mandal, Yadadri Bhuvanagiri District in view of the Memo No.

G212571201 9 dated 26.8.2020 passed by the 2nd respondent as being illegal, arbitrary violative of articles of 14,21 and 300-A of Constitution of lndia besides violative of principles of natural justice and contrary to the Registration Act 1908 and consequently direct the 4th respondent to receive, register and release the sale deeds in respect of above mentioned open Plots without reference to the l\,4emo issued by the 2nd respondent.

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, register'and release the sale deeds in respect of open Plot Nos.

32, 33, 34, 35, 36, 37, 38, 39, 40, 41 , 42, 43, 44, 45, 46, 47, 48,49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61 , 62, 63, 64, 65, 66, 67,68,73,74,75,76,77,82,83,84, 85, 91, 100, 101, '103, 116, 120, 121 , 130, 131 ,132, 't 35, 146, 161,193, 194, 195, 197,200,201 ,203,204,205,209,213.

21 4, 215, 216, 217, 223, 235, 236, 242, 259, 260, 281, 2Bs, 301, 302, 303, 3.

2, 303, 3.1 3, 325, 326,332, 346,368, 369, 387, 389, 390, 394, 402, 416, 417, 418, 433, 435, 439, 449,453, 460, 469, 473, 475, 476,597, 599, 608/1, 620, 624, 625,625t1, 634,661 ,667,66711,668,668/1,669,669/1 ,670,670t1,672,672t1,673,673t1, 674, 67411, 675, 67511, 676, 676t1, 677, 677t1, 678, 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 694, 694i1, 695, 695/1, 696, 696/1, 697, 697/1, 698, 698/1 , 699, 69911,704,713,720,721 ,723,730,774,797, 928, 930, 938, 939, 941, 945, 97011,97Ot2,970t3,970t4,971,973,990, 992 (total 187 plots) out of total an extent of admeasuring 5783 sq. yards forming part of Sy.

Nos 197/P, 198/P, 199/P, 2001P, 2051P , 2061P, 2O7lP, 2081P, 209i P, situated at Nagireddipally Gram Panchayath, Nandanam Village, Bhongir Mandal, Yadadri Bhuvanagiri District without reference to the Memo dated 26.8.2020 issued by the 2nd respondent, pending disposal of the Writ Petition.

Counsel for the Petitioner : Smt.

D.PADMAVATHI Counsel for the Respondents: AGP FOR REVENUE The Court made the following : ORDER lA NO: 1 OF 2022 HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.147230F 2022 ORDER: Heard both sides and perused the material on record' 2. lt 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 18.02'2022 as modified bY the order dated 22.02.2022 in l.A.

No'2 ot 2022 in W P' No 2985 ot 2022 and batch,assuch,thiswritpetitionmaybedisposedofinterms thereof 3.

Therefore, following the common order dated 18'02'2022 in W.P.

No.32B ol 2022 and batch as modified by the order dated 22.02.2022in l.A No 2 of 2022 in W P No 2985 o'f 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 registration by the petitioner/s without reference to the nce to the ltrlemo Nos.G2t257l2O19 dated 26'OB'2020 and 29 12'2020 issued by the respondent - the Commissioner and lnspector GeneralofRegistrationandStamps'Telangana;Letter No.45/TP/NMC/2019 dated 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' !

I 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 subject to outcome of SLP (Civil) No.19695 of 2a21 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 sub.ject 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.

As a sequel thereto, miscellaneous petitions, il any, pending in this writ petition stand closed.

Sd/.

P.PADMANABHA REDDY ASSISTANT REGISTRAR 0 SECTION OFFICER //TRUE COPY// To, 1.

The Principal Secretary, Stamps and Registration Department, Telangana Secretariat , State of Telangana at Hyderabad.

2.

The Commissioner and lnspector General of Registration and Stamps, l\,4ojamjahi Market, Hyderabad, Tela nga na State.

3.

4.

The Sub-Registrar, Bhuvanagiri, yadadri Bhuvanagiri District.

5. strict.

5.

One CC to SRl.

D PADMAVATHT, Advocate. tOpUCl 6.

Two CCs to GP FOR REVENUE, High Courl for the State of Telangana at Hyderabad.[OUT] 7, Two CD Copies \ HIGH COURT DATED:31t0312022 ORDER (('r i$E:'rAr€ .D .)c APR i5-' 21 WP.No.14723 ot 2022 il)iJ,.%',iT ?

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