Pembarthi Satya Prakash vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY .THE THIRTY FIRST DAY OF I/ARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETI TION NO: 14542 OF 2022 Between: Pembarthi Satya Prakash, S/o.

Sayanna, Aged about 53 Years, Occ.

Business, R/o H.No.1-i3-400iA410, Sai Residency, Vinayak Nagar, Behind Yama Showroom, Nizamabad, Nizamabad Districi, Telangana state.

Represented by General power of Attorney holder Pardi Saya Reddy, S/o.

Pandari, Aged about St y.urb, Occ.

Business, R/o.

H.No.1-1-5.

Branhangaon Village lr/udhole Ir,4andal, Nirmal District, Telangana state. ...PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary Stamps and.

Registration Depar{ment, Secrdtariat Buildings, BRKR Bhavan, Tank bund, Hyderabad.

The Commissioner and lnspector General of Registration and Stamps, N4.J. tr,4arket, Hyderabad, Telangana State.

The Sub-R'egistrar, Bhainsa, Bhainsa Nlandal, Nirmal District. .RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased toto issue an appropriate writ, order or direction more particularly one in the nature Writ of Ir/andamus, declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deeds presented by the Petitioner in respect of Plot bearing No's.

B, 9, 10, 11,12, 13, 14, 'l 5, 56, 57' 58, 59, 61' 62' 63,'!

10.

111,112, 113, 114,115, 116, 117,163,164, 165, 167, 168, 169, 170, 215, 216, 217, 218, 219, 220, 221, 222, 244, 245, 246 and 247' (42 Plots) in Sy.No.

64711 admeasuring to an extent of 6490.26 Square Yards, situated at Ivludhole Village, Ir,4udhole Mandal, Nirmal District, on the Ground. of Memo bearing No.G2l257l2Ol 9 dated 26.08.2020 and 29.12.2020 issued by the 2nd 2 3 respondent as illegal, arbitrary. without iurisdiction, contrary to the provisions of Registration Act-1908.

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 Petitioner without reference to lVemo bearing No.G2l257l2O19 dated 26.08.2020 and 29.12.2020 issued by the 2nd respondent. lA NO: 1 OF 2022 Petition under Section 15'1 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 Petitioner in respect of Plot bearing No's.

B, 9, 10, 1 1 , 12' 13' 14, 15,56,57,58,59,61,62,63, 110, 111,112, 113, 114, 1',l 5, 116, 117,163, 1 64, 1 65, 167, 1 68, 169, 1 70, 215, 216, 217, 218, 219, 220, 221, 222, 244, 245, 246 and 247 (42 Plots) in Sy.No.

647/1 admeasuring to an extent of 6490.26 Square Yards, situated at Mudlrole Village, Mudhole Mandal, Nirmal District, without reference to lVemo bearing No.G2125712019 dated 26.08 2020 and 29J22020 issued by the 2nd respondent, pending disposal of the main Writ Petition.

Counsel for the Petitioner: SRl.

THOOM SRINIVAS Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY ORDER: Heard both sides and perused the material on record.

2. lt is submitted by the learned counsel on either side thal subject matter of this writ petition rs squarely covered by the common order passed by this Court in W.P.

No.32B of 2022 and batch dated 18.02.2022 as modified by the order dated 22.02.2022 in l.A.

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 18.02.2022 in W.P.

No.32B of 2022 and batch as modified by the order dated 22.02.2022 in l.A.

No. n W.P.

No.29B5 ol 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 lv]emo Nos.G2125712019 dated 26.08.2020 and 29122020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/Nlt/C/2019 dated 01 .11 2019 issued by the respondent - the Commissioner, lt4unicipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, WRIT PETITION No.14542 OF 2022 if any, issued by the various It4unicipal 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.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 i 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 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 any, pending in this writ petition stand closed. \ ,TRI.JE COPY/i sD/.M.

Y/i sD/.M.SANTHI VARDH NI JOINY REGISTAAR -{/ SECTION OFFICER 1 The Principal Secretary Stamps and Registration Department, State of fefangund, S"cretariai Buildings, BRKdBhavan, T4n[bund, Hyderabad The Commissioner and lnSpector General of Registration and Stamps, li/'J lr,4arket, Hyderabad, Telangana State. r'i-: To 2 3 4 5 ruA ./ The Sub-Registrar, Bhainsa' Bhainsa Mandal' Nirmal District' One CC to SRl.

THOOM SRINIVAS Advocate [OPUC] TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana tourl 6.

Two CD CoPies 7.

One SPare CoPY IVN/A I\I I HIGH COURT DATED:31 10312022 ORDER WP.No.14542 ot 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o. s 28 h?77i:?.:?

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