Chintakunta Pramode Kumar and another vs State of Telangana and 3 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY TWO Between: 1.

Chintakunta Pramode Kumar and another, S/o.

Late C.Shankaraiah, aged about 42 years, Occ.

Business, Rl/o.

H.No.9-19, Street No.1, HMT Nagar, Nacharam, Hyderabad - 500076.

2.

Soma Deep Kanth, S/o.

Soma Jagadishwar Rao, Aged about 38 years, Occ.

Plot No.17, Road No.2, Margadarshi Colony, Ramakrishnapuram, Saroornagar, Ranga Reddy Dist. ...PETITIONERS AND 1 State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.

The Commissioner and lnspector General, Registration and Stamps Department, Telangana, At Hyderabad- The District Registrar, Registration and Stamps Department, Yadadri Bhuvanagiri District.

The Sub-Registrar, Stamps and Registration Department, Bibinagar, Yadadri Bhuvanagiri District. .,.RESPONDENTS 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 a Writ, Order or Direction, more particularly one in the nature of Writ of I\/andamus, declaring the action of the 4th respondent in not receiving, registering and releasing the documents in favour of the prospective purchasers produced by the Petitioners basing on the Memo issued by the 2nd respondent vide No.G2l25712019 dated 26.08.2O2O and Amended Memo No.G2l25712019 dated 29.12.2020 lor the Plot Nos.29 admeasuring 202 Sq.Yds. and 53 admeasuring 277 Sq.Yds., situated in Sy.Nos.154/RUU, 154/RUU1 and 154lLU, of Kondamadugu Village, Bibinagar [t/andal, Yadadri Bhuvanagiri District, as arbitrary, illegal, violative of principles of natural justice, violative of provisions of 2 3 4 PRESENT THE HONOURABLE SRI JUSTICE N.V.

STICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 19008 OF 2022 ) the Registration Act 1908, discriminatory and uncon stitution a I, contrary to the orders passed by this Honble Court in similar cases and in violation of Articles 14, 21 and 3004 of the Constitution of lndia and consequently direct the 4th Respondent to receive, register and release the documents in favour of the prospective purchasers produced by the petitioners for the aforesaid Plots.

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 4th respondent to receive, register and release the documents in favour of the prospective purchasers produced by the petitioner for the Plot Nos.29 admeasuring 202 Sq.Yds. and 53 admea suring 277 Sq.Yds., situated in Sy.Nos.154/RUU, 154/RUU1 and '1 54/LU, of Kondamadugu Village, Bibinagar l\/andal, Yadadri Bhuvanagiri District, without reference to the [t4emo No.G2125712019 dated 26.O8.2020 and Amended Memo No.G2l25712019 daled 29.12.2020 issued by the 2nd respondent, pending disposal of the above Writ Petition.

Counsel for the Petitioner : SRl.

B SATISH KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER lA NO: 1 OF 2022 HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR - WRIT PETITION No.19OOa 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 squareiy covered by the common order passed by this Court in W.P.No.328 of 2022 and batch dated 18'O2.2O22 as modified by the order dated 22.o2.2022 in I.A.No.2 0f 2022 in W.P.No.2985 0f 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 l.A.

No.2 ot 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.G21257 l2O 19 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated O 1.

1 1.2019 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 make an endorsement at the reverse side of the first page of the document referred in direction No (i) t i I 2 t].at registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 fied by the State Government before the Honble Supreme Court; and (iii) in case, it is found that there is aly violation of law likc plots / lards / structures being sold form pa-rt of F.T.L. and Buffer Zone / Plots having less than 3O feet road width access, the Sub Registrar shall make an endorsement informing / cautioning the purchasers that dsk is involved in purchase of such piots; such transactions are hit by relevalt 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 2O21- .

To that effect, an endorsement shall be made on the reverse side of the first / second page of the document and a_lso in the encumbrance record, website etc- The miscellaneous petitions pending, if any, shall stand closed.

There shaii be no order as to costs.

SD/.L.LAKAI{MI BABU ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To, '1 .

R To, '1 .

The Principal Secretary, Revenue (Stamps and Registration) Department , State of Telangana, Secretariat, Hyderabad.

The Commissioner and lnspector General, Registration and Stamps Department, Telangana, At Hyderabad.

3.

The District Registrar, Registration and Stamps Department, Yadadri Bhuvanagiri District.

4.

The Sub-Registrar, Stamps and Registration Department, Bibinagar, Yadadri Bhuvanagiri District.

5.

One CC to SRl.

B SATISH KUTMAR Advocate [OPUC] 6.

Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 7.

Two CD Copies B.

One Spare Copy S.D BS \ -+ HIGH COURT DATED i 2210412022 "a /;.^ ...1i\ ( t'|- ,d. c! >- <t -E cr-l $. c ORDER W.P.No.19008 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS tj