Regu Galenna vs The State of Telangana

[ 32ss ] HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAI) (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NOr 18204 OF 2022 Between: 1.

Regu Galenna, S/o.

Marenna, Occ.

Agriculture, R/o.

Nagaram Village, Wanaparthy Mandal, Wanaparthy District 2.

Regu Chinnaiah, S/o.

Venkatanna, Occ.

Nagaram Village, . .

Wanaparthy Mandal, Wanaparthy District 3.

Regu Buchanna, S/o.

Krishtanna, Occ.

Agriculture, R./o.

Nagaram Village, Wanaparthy Mandal, Wanaparthy District 4.

Regu Manikyam, S/o.

Ramulu, Occ.

Nagaram Village, Wanaparthy Mandal, Wanaparthy District 5.

Regu Nagendram, S/o.

Naganna, Occ.

Agriculture, R"/o.

Nagaram Village, Wanaparthy Mandal, Wanaparthy District ...Petitioners AND I .

The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad 2.

The Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad, 3.

The Sub-Registrar, Wanaparthy, Wanaparthy District ...Respondents Petition under Article 226 of the Constitution of India 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 Respondents No.

3 in refusing to receive register and release the sale deeds presented by the Petitioner in respect of the Plot Nos.

I to 75 (total 75 plots) in Sy.No.

66/A4 admeasuring Ac.5- l3 gts or 25,773 sq.yards situated at Nagavaram Village, Wanaparthy Mandal, Wanaparthy Sub-Registrar, Wanaparthy District, in pursuant to the MEMO No.

G2125712019, dated.

2610812020, issued by the Office of the Respondent No. ondent No.2, under Prohibition of registration of unauthorized plots and buildings against the Petitioner's Plots, as arbitrary, illegal, without any jurisdiction contrary to the Provisions of the Registration Act 1908 and in violation of Article l4 of Constitution of India and consequently direct the Respondents No.3 herein to receive register and release the sale deeds presented by the Petitioner in \ respect of his land. without reference to letter MEMO.

No, GZl257l20l9, dated.

26-08- 2020, issued by the 3ffice of the Respondent No.2; IA NO: I OF 2022 Petition und:r Section 151 CPC praying that in the circumstances stated in the affidavit filed in su ,port of the writ petition, the High Court may be pleased to direct the Respondent No.3 o receive register and release the Sale De,ed/s Presented by the Petitioner in respr;t of the Plot Nos.

I to 75 (total 75 plcts) in Sy.No.

66/4A admeasuring Ac.5- .3 gts or 25,773 sq.yards situated at Nagavaram Village, Wanaparthy Mandal, Wanapartl v Sub-Registrar, Wanaparthy District, without reference to "MEMO" No.

G2125712019, < :ted.

26-08-2020, issued by the Office of the )lespondent No.2: Counsel for the Pet tioners: SRI.

K.NARSINIHA REDDY Counsel for thc lle: oondents: The Court made th following ORDER: ASST GP FOR REVE\I.'E I HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.182O4 OF 2022 ORDER Heard both sides and perused the material on record.

2.

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 ot 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 of 2022 and batch as modified by the Order dated 22.02.2022 in I.A.

No.2 ol 2022 in W.P.No. in W.P.No.2985 of 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 references to the Memo Nos.G2l257 /2019 dated 26.0A.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.a5lTP/NMC/2019 dated O1.11.2019 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 t1 e various Municipal Commissioners in the State; (ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the hrst page of the document referred in dire tion No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2O2l frled by the State Government befc 'e the Hon'ble Supreme Court; and (iii) llt Zon Reg pur trat regi Hor effe firs enc n case, it is found that there is any violation of law like plots rds / structures being sold form part,)f F.T.L. and Buffer ' / Plots having less than 30 feet road w:dlh access, the Sub strar shall make an endorsement informing / cautioning the hasers that risk is involved in purchase of such plots; such sactions are hit by relevalt statutory provisions; that itation of the same is subject to outccme ol orders of the ble Supreme Court in SLP (Civil) No.

19695 ol 2027.

To that t, an endorsement shall be made on th: reverse side of the / second page of the document ald also in the rmbrance record, website etc.

The misc ,llaneous petitions pending, if any, s;hall stand closed.

There sha11 be I o order as to costs.

SD/.

T.

JAYASREE ASSISTANT REGISTRAR //TRUE COPY// To, SECTIONOFFICER l.

The.

Princip lSecretary, Revenue Department, State ofTelangana, Secretariat, Hyderabad 2. derabad 2.

The Commi sioner and Inspector General ofRegistration anrl Stamps, Telangana, Hyderabad, 3.

The Sub-Re listrar, Wanaparthy, Wanapanhy District 4.

One CC to I ri K.

Narsimha Reddy Advocat. fOiUif 5.

Two CC to ip for Revenue, High Court for the State'of Telangana. [OUT] 6.

Two CD co ies HIGH COUR-I' NVSKJ 1 .ri- SiA DATED:201041201,.2 ,+) ((: iJlu 1i MAY 2!1' (,, J ,..,: ORDER WP.No.l820;l of 202 WRIT PETITION I] DISPoSED oF WITHoUT CoSTs I .r '\ , -,.t t I .)