Sevesinga Saluja vs State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF IUARCH TWO THOUSAND AND TWENTY TWO THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY Betwee n : ...PETITIONER AND 1 State of Telangana, Rep.by its Principal Secretary (Stamps and Registration) Department Secretariat, Hyderabad.

The Commissioner and lnspector General of Registration and Stamps, 5-3- 953, lV.J.

Road, Registration Bhavan, 4th and 5th Floor, Osmangunj, Hyderabad 500001.

The Sub Registrar, (Stamps and Registration Department) Peddamberpet, Ranga Reddy 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 a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the Respondents No.

2 and 3 in not allowing the registration of the sale deed/ conveyance deed with respect to Plot No.

10, admeasruing 302 square yards forming part of Sy.

No.

407 and 412 situated at Pasamamula Village and Panchayat Hyderabad East now under Hayath Nagar Revenue lVlandal, Ranga Reddy district within the jurisdiciton of SRO, Peddamberpet, Ranga Reddy district as illegal, arbitrary and violation of Article 2 3 PRESENT WRIT PETITION NO: 14654 OF 2022 Sevesinga Saluja, S/o.

Avtar Singh, Aged about 68 years, Occ: Business, 4-8-405, Gowliguda, Hyderabad.

14,21 and 300-4 of Constitution of lndia and contrary to orders passed by this Hon'ble Court in WP No.

924812021 on the Memo No.

25712019 dated 26.8.2020 issued by 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 grant interim direction to Respondent No.3 to receive, registrar and release sale deed/ Conveyance deed with respect to Plot No.

10, admeasuring 302 square yards forming part of Sy.

No. of Sy.

407 and 412 situated at Pasamamula Village and Panchayat Hyderabad East now under Hayath Nagar Revenue Mandal, Ranga Reddy district within the jurisdiciton of SRO, Peddamberpet, Ranga Reddy without reference to Memo No.

25712019 dated 26.8.2020 issued by the 2nd Respondent Counsel for the Petitioner : SRl.

P.

AMARENDER REDDY Counsel for the Respondents : AGP FOR REVENUE The Court made the following : ORDER I lA NO: 1 OF 2022 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 oI 2022 and batch dated 18-02.2022 as modified by the order dated 22.02.2022 in l.A.

No.2 o't 2022 in W'P' No'2985 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof .

3.

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

No.328 ot 2022 and batch as modified by the order dated 22.02.2022 in l.A.

No.2 of 2022 in W'P' No'2985 oI 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 Memo Nos.G2t257l2O19 dated 26.08.2020 and 29'12'2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01 11 2019 issued by the respondent - the Commissioner, Municipal Corporation' Nizampet to the respondent - the Sub Registrar' Quthbullapur, Ranga Reddy District, and similar letters' HONOURABLE SRI JUSTICE B' VIJAYSEN REDDY WRIT PETITION No.14654 OF 2022 ORDER: Heard both sides and perused the material on record if any, issued by the various tMunicipal 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. ection No.(i) that registration so done is subject to outcome of SLp (Civit) No.1 9695 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 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 Cou( 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 website etc. also in the encumbrance record, As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed.

SD/.K.ONESIM ASSISTANT REGIST R ,TRUE COPY// SECTION OFFICER To, I The Principal secretary, (stamps and Registration) Department, secretariat, State of Telangana, Hyderabad.

The Commissioner and lnspector General of Registration and Stamps, 5_3_ 9.53, M J Road, Registration Bhavan, 4th and Sth Floor, Osmangunj, Hyderabad 500001.

2 Ar/ 3.

The Sub Registrar, (Stamps and Registration Department) peddamberpet, Ranga Reddy district.

4.

One CC to SRl.

AIVARENDER REDDY, Advocate. tOpUCl 5.

Two CCs to GP FOR REVENUE, High Court for the Siate of ielangana at Hyderabad. [OUT] 6.

Two CD Copies 7.

One Spare Copy TR BS \\A < <\ HIGH COURT BVR,J DATED:31 10312022 ORDER WP.No.14654 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS trg S i".q c 2 7 Air.a lffZ q.r ---.-:,.!..a.;i- v vr. \\ L.\) :\ . ,,1 "il e \ 2 (