Ande Pochanna vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO THE HON'BLE SRI JUSTICE N.

V.

SHRAVAN KUMAR Between: Ande Pochanna, B usiness, R/o.

H.

No Telangana State.

PETITIONER AND 1.

The State of Telangana, Rep by its Principal Secretary Stamps and Registration Department, Secretariat Buildings, BRKR Bhavan, Tank bund, Hyderabad.

2.

The Commissioner and lnspector General of Registration and Stamps, M.J. lvlarket, Hyderabad, Telangana State.

3.

The Sub-Registrar, Adilabad, Adilabad, Adilabad District RESPONOENTS Petition under Article 226 of lhe Constrtution 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 Writ of Mandamus, declaring the action of the 3rd respondent in not receiving, registering and releasing the sale deeds presented by the Petitioner in respect of Plots bearing Nos.

1 to 83 (83 Plots), in Sy.

No.

230/E admeasuring to an extent of Ac.

3-37 Guntas, situated at Ponnari Village, Tamsi Mandal, Adilabad District, on the Ground of l\r'lemo bearing No.G2125712019 dated 2610812020 and 2911212O2O issued by the 2nd respondent as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act-1 908, 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 Memo bearing No.G2125712019 dated 2610812020 and 2911212020 issued by the 2nd respondent S/o.

Narayana,Aged about 42 years, Occ.

1-166, Ponnari Village,Tamsi lt4andal, Adilabad District, \ PRESENT WRIT PETITION NO: 17938 OF 2022 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 respo the respondent No.3 herein to receive, register and release the sale deeds presented by the Petitioner in respect of Plots bearing No's.

1 to 83 (83 Plots), in Sy.No.230/E admeasuring to an extent of Ac.

3-37 Guntas, situated at Ponnarr Village, Tamsi Mandal, Adilabad District, without reference to I\/lemo bearing No.G2125712019 dated 2610812020 and 2911212020 issued by the 2nd respondent, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI THOOM SRINIVAS Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER I HONOURAtsLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.17938 OF 2022 ORDER: Heard both sides and perused the material on record.

It 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 I.A.No.2 of 2022 in W.P.No.2985 of 2022 and batch, as such, this Writ Petition may be disposed o[ in terms thereof.

Therefore, follou,ing the Common Order dated 18.O2.2022 in W.P.No.32B of 2022 and batch as modilied by the Order dated 22.02.2022 in I.A.

No.2 ot 2022 in W.P.No.2985 of 2022, in terms lhereof, this Writ Petition is disposed of as under *,ithout any order as to costs: (i) The respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for regrstration by the petitioner/s without references to the Memo Nos.G2 /257 12019 dated 26.Oa.2O2O and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.aSlTPlNMC/2o19 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, if any, issued by the various Municipal Commissioners in the State; (ii) the Sub Registrars in the State shall tate 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 2O2l 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 sha-ll 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 Court in SLp (Civil) No.19695 of 2021.

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

The miscellaneous petitions pending, if any, sha1l stand closed.

There shall be no order as to costs.

SD/.B.SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY// @ SECTION OFFICER To, 1 2 I!:.SlrtS of Telangana, tep Oy its principat Secretary Stamps and Heglstratron Department, Secretariat Buildings, BRKR Bhavdn.

Tank bund, Hyderabad.

The Commissioner and lnspector General of Registration and Stamps, M.J.

Market, Hyderabad, Telanqana State.

The Sub-Registrar, Aditabid, Adilabad, Aditabad District One CC to Sri Thoom Srinivas Advocate lOpUCl Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT] Two CD Copies One Spare Copy &r 3.

4.

A 6.

7.

MBC SB \ HIGH COURT DATED: 1910412022 -\ $g s;..i 'i 1a,o!,.,:!

Wl_ o * ORDER WP.No.17938 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS J ,0' -.t.\ -o,rr: itt \r \i