Kammari Punyavathi vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original J urisdiction) THURSDAY .THE THIRTY FIRST DAY OF IVARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B'VIJAYSEN REDDY WRIT PETITION NO: 14340 oF 2022 Between: AND 1.

2.

3 Kammari Punyavathi, W/o.

Narsimulu, aged about,52 years' Occ Household' Rio H.

No.

1-9-16/6, Mrh;;;ii N;'si7-Naravantnell village and lVlandal' Sangareddy District. ...'ET,TIONER The State of Telangana, Rep by rts Principal q"t!?Yy' Revenue (Stamps and Registratron) Department Secretariat HyoeraDao' The commission", uno ,n.p""t-oi"c"i1"ril "ihegistration and stamps. state of Telangana HYderabad. in" siju"nusi.tiir, Narayankhed, Sangareddy District ...RESpoNDENTS Petition under Article 226 ot lhe Constiiution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of N,4andamusdeclaringtheactionofthe2ndrespondentinissuingtheimpugned lvlemo No.

G2l257l2}1g, dI26-08-2020 directing the 3rd respondent not to accept the sale deeds in respect of the plots and houses which are part and parcel of unauthorized layout, as illegal, arbitrary' and contrary to the provisions of Registration Act, 1908 and also contrary to the order passed by the Honble High Court in W.P No. g248t2(l21, dt 23-08-2021 and consequently direct the 3rd respondent to receive, registrar and release sale deeds in respect of open Iand in Sy.

9/A/1, admeasuring Ac 1-20 guntas' situated at Juialpur village' Narayankhed Mandal, Sanga Reddy District' without reference to the lr'4emo No' G21257 t2|1g, dated 26.08 2020 issued by the 2nd respondent in favour of the petitioners, as the petitioners are ready and willing to comply with all other formalities for the purpose of registration and release the documents' '. uments' '.---_ldl 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 issue interim order directing the 3rd respondent to receive, registrar and release the sale deeds sought to be presented by the petitioners in respect open land in Sy.

9/A/1 , admeasuring Ac.

1-20 guntas, situated at Jujalpur village, Narayankhed Mandal, Sanga Reddy District, without reference to the Memo No.

G2125712019, dated 26.08.2020 issued by the 2nd respondent, pending disposal of main Writ Petition.

Counsel for the Petitioner :SRl M.

DAMODAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER lA NO: 1 OF 2022 HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETIT ION No.14340 0F 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 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' No29B5 ot 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

3.

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

No.328 ol 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 [/emo Nos.G2l25712019 dated 26 08 2020 and 29 12 2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps' Telangana; Letter No.

Letter No.45/TP/NIr,4Cl2019 dated 01 1 1 2019 issued by the respondent - the Commissioner' tr'4unicipal Corporation' 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: (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 sub.ject 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 like plots / Iands / 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 registralion of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLp (Civil) No.19695 ot 2021 .

To that effect, an endorsement shall be made on the reverse side of the first / second page of the documenl and also in the encumbrance record, website etc.

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

SD/-T.TIRUMALA DEVI ,TRUE COPY// ASSISTANT REGISTR SECTION OFFICER To, 1 2 3 4 5 The Principal Secretary.

Revenue (Stamps and Registration) Department, 9tate^of Tetangana, Sbcretariat, t-tvOeiaEaO - the Commisstoner and lnsoector General of Registration and Stamps.

State of Telanqana Hvderabad The Sub Registrar.

Narayankhed, Sangareddv Distnct 9n" 99 to Sri v Damodar neoJv.

AJiociiJiolij'ij' Two CCs to GP for Revenue, Higir'Court forir\" Si# of Telangana at Hyderabad IOUTI Two CD Cooiei one Spare boov. . \ ,.' - ^"'-. ' \x" 6 7 sn') HIGH COURT DATED:3110312022 ORDER WP.No.14340 of 2022 DISPOSING OF THE WP WITHOUT COSTS ,t tfv o '\=,::-. o '\=,::-.1, 'a4if- rffi"''''t*'' ,,$ i ll"ttt \.*" ix