Mattapalli Srimannarayana vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO 18721 0F 2022 Between: Mattapalli Srimannarayana, S/o.

Rarnaiah, Ag d about 58 years, Occ: Business, Fl/ok '1-New, Near Srinivasa Theater, Huzurnagar, Suryapet District ...PETITIONER AND '1 .

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

The Commissioner and lnspector General of Registration and Stamps, Tetangana, Hyderabad, 3.

The Sub-Registrar, Huzurnagar, Suryapet District ...RESPONDENTS FRIDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY TWO Petition under Article 226 of the 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 Respondents No.

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

1 to 25 (total 25 plots) in Sy.No.

817/2 admeasuring Ac.o- 34.93 gts, in Sy.No.

8171211 admeasuring Ac.0-06 gts, in Sy.No.

8'1712/1/1 admeasuring Ac.0-10 gts total admeasuring Ac.1-10.93 gts situated at lr4attampalli Village Mattampalli Mandal, Suryapet District' in pursuant to the MEMO No.

G2t25712019, dated.

26-08-20210, issued by the Office of the Respondent 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 14 of constitution of lndia 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.

G2125712019, dated.

26-08-2020, issued by the Office of the Respondent No.2. dent No.2.

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 to receive register and release the Sale Deed/s Presented by the Petitioner in respect of the Plot Nos.

817/2 admeasuring Ac.0-34.93 gts, in Sy.No.

B17l211 admeasuring Ac.0-06 gts, in Sy.No.

817121111 admeasuring Ac.0-10 gts total admeasuring Ac.1- 10.93 gts situated at I\/attampalli Village Mattampalli Mandal, Suryapet District, without reference to "MEIMO" No.

26-08-2020, issued by the Office of the Respondent No.2, pending disposal, of the above Writ Petition.

Counsel for the Petitioner : SRl.

K.NARSIMHA REDDY Counsel for the Respondents : AGP FOR REVENUE The Court made the following : ORDER lA NO: 1 OF 2022 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.

18721 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 dated 18.02.2022 passed by this Court in W.P.

No.328 of 2022 and batch as modified by the order dated 22.02.2022 tn 1.A.

No 2 of 2022 in W.P.

No.2985 of 2022 and batch, as such, this writ petition may be diqposed of in terms thereof.

3.

Therefore, following the common order dated 18.02.2022 passed by this Court in W.P.

No.328 of 2022 and batch 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, 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 Memo Nos.G2/257 12019 dated 26.Oa.2O2O a::td 29.72. :td 29.72.2O2O issued by the respondent - tJ e Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipa-l Corporation, 2 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 i ') subject to the petitioner(s) complying with the provisions of the Indian Registration Act, 1908, and Indian Stamp Act, 1899.

It is open to the Registering Authority to refuse/receive the document(s) presented before him, if he has any other objection, by duly assigning reasons in support of such decision ald communicate the said decision to the petitioner(s); (ii) the respondent - 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.19695 of 2O2l Iiled by the State Government before the Honble Supreme Court; ald (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 tJlan 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 registration of the same is subject to outcome of orders of the Honble Supreme Court in SLP (Civil) No.19695 ol 2O27.

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

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition shall stand closed.

SD/-P. ed.

SD/-P.PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER 1 The principal secretary, Revenue Depa'1ment,state of relangana secretariat, Hyderabad.

To, \ 2.

The Commissioner and lnspector General of Registration and Stamps' Telangana, HYderabad, g.

The SuO-Registrar, Huzurnagar, Suryapet District +. on" cc to SRl.

K.NARSIMHA REDDY, Advocate loPUCl s.twoCCstoGPFoRREVENUE'HighCourtforthestateofTelanganaat Hyderabad. [OUT] 6.

Two CD CoPies 7.

One SPare CoPY SB MMA I t i \t HIGH COURT DATED:2210412022 '{EL.ll n. (" Ar st" c \-\s i: ti -' il t, ,l :11 .:' .i.t ("' ORDER WP.No.18721 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. c H 3l1-l * 4> -/a1'='::::