Menugonda Balakrishna vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisd iction) MONDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE N.

V.

SHRAVAN KUMAR WRIT PETITION NO: 17286 OF 2022 Between: AND 1.

2.

3, ..RESPONDENTS Petition under Article 226 of lhe 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 Respondent No.3 in not receiving, registering and releasing the documents/sale deeds in favour of the prospective purchasers produced by the Petitioner basing on the memo issued by the Respondent No.2 vide No.G2l25712019 dated.

2610812020 and amended memo No.G2l25712019 dated.

29t1212020 lor the unapproved plot bearing No 39,56,56/1 , 61 , 65, 66, 71,73. in an extent admeasuring Ac 0'131/a gts in Sy.No.

245lAA, 2451A' 245tAA21 , 245AA1 At KOLLAPURAM CITY PANCHAITHI , vILLAGE.

VARIDELA Mahaboobnagar District Telangana inspite oftheorderdated.23lO}t202lpassedbytheHonbleHighcourtinWPNo. g24Sol202lasillegal,arbitrary,unfair,againsttothePrinciplesofNatural JusticeandviolativeofArticlel4and3o0.AoftheConstitutionoflndiaand consequentiallydirecttheRespondentNo'3toreceive,registerandreleasethe documentsisale deeds in favour of the prospective purchasers produced by the Petitioner for the unapproved plot bearing No 39,56'56/1' 61' 65' 66' 71'73 in an !enugonlg Balakrishna, S/o [Venugonda Narsaiah Age.39 occ.

Business Rlo .

1-2-22 old ganesh theatre road, Court back side, Kollapur, Mahbubnagar Telangana -509001. ..,PETITIONER The State of Telangana, Rep., by Principal Secretary, Department of Revenue, Secretariat, Hyderabad.

The lnspector General, Stamps and Registration,l'Aozzam Jahi Market, Hyderabad, T.S.

The Sub-Registrar, Kollapur I extent admeasuring Ac 0.131/a gts in Sy.No. in Sy.No.

24OtAA,24SlA,245lAA21 ,245AA1 At KOLLAPURAM CITY PANCHAITHT , V|LLAGE.

VARTDELA tr,4ahaboobnagar District Telangana in the interest of .justice 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 Respondents No.

3 to receive, register and release the documents/sale deeds in favour of the prospective purchasers produced by the petitioner for the plot bearing No 39,56,56/1 , 61, 65, 66, 7i,73 in an extent admeasuring Ac 0.131/a gts in Sy.No.

245lAA,24SlA,24S]AA21 ,24SAA1 At KOLLAPURAIV CtTy PANCHAITHI , vILLAGE. vARI DELA Mahaboobnagar District Tetangana without reference to the lvlemo No.G2l2S7t2Ol 9 dated.

26-08-2020 and amended memo No.

92125712019 dated.29t12l2020 issued by the Respondent No.2pending disposal of the present writ petition in the interest of justice Counsel for the Petitioner: SRI NILESH NARANIA Counsel for Respondents: Gp FOR REVENUE The Court made the following: ORDER HONOURABLE SRI JUSTICE N'V'SHRAVAN KUMAR PE Q,BDEB: l-ieard both sides and pcrused the mate rial on record 2. lt is submitted by the learncd 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 02'2 O22 as modified by the order dated 22'O2'2o22in I'A'No'2 of 2O22in 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 1A'O2'2O22 in W'P No'328 of 2022 and'bat'ch as modified by the Order dated 22 'O2 '2022 in 1'A' No'2 of 2022 in W.P.No.298 5 of 2O22'in lerms 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. gift etc., presented for registration by the petitioner/s wilhout references to the Memo Nos'G21257 12019 dated 26'oa 2o2o " ^'i " t"o" ^':::::, .:J .::,:..:::tJT:' .*",'l=: Commissioner and Inspector Genera r el an san a; "*,* * " o. i, :, * "^i:: : r;,.1.ll,il;"11' i,:J::,i: ::: respondent - the Commissioner' Munrc respondent - tn" "o Registrar' Quthbullapur' Ranga Reddy District' and similar letters' il any' issued by the various Municipal TITION.N o.17286of 202o \ I Commissioners in the State; (ii) the Sub Registra.rs in the State shall make art endorsement at the reverse side of the first O"'"""' t* O""ument referred in direction No (i) ) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2O2l filed by the State Government before the llon'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 sha1l 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'lcle 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 encumbrzLnce record, website etc.

The miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs.

SD/- I.

NAGA LAKS ASSISTANT REGIS R To, SECTION OFFICER The Principal,Secrelary, Department of Revenue, State of Telangana Secretariat.

Hvderabad.

The lnspector-General, Stamps and Registration, Mozzam Jahi Market, Hyderabad, T.S.

The Sub-Registrar, Kollapur 9ne QQ to Sri Nitesh Naiania Advocate IOPUCI Two CCs to Gp For Revenue, Higfr CoJd foi iiie State of Telangana. [OUT] Two CD Copies One Spare Copy 1 2 3.

4. tr t'' 7. tr t'' 7.

MBC SB *V I //TRUE COPY// HIGH COURT DATED: 1110412022 , ,,'. l^.|:.. ,, cr *$ l':r'f ii??' , ORDER WP.No.17286 of 2022 DISPOSING OF THE WRIT PETITION \\-\, >6 l+ WITHOUT COSTS \ q