Sisodiya Munna Raja vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) N/ONDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO:20112 0F 2022 Between: Sisodiy_a-Munna Raja, S/o.

Sampath Lal, Aged about 58 years, Occ: Business, Rl/o.

H.No.

5-383, lndira Nagar, Mancherial Municipality, Mancherial Mandal, Mancherial District ...PETITIONER AND 1.

The State of Telangana, Rep by its principal Secretary Stamps and Registration Department, Secr6tariat Buildings, BRKF{ Bhavdn, Tank bund, Hyderabad.

2.

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

It4arket, Hyderabad, Telangana State.

3.

The Sub-Registrar Luxettipet, Luxettipet Mandal, l\/ancherial 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 an appropriate writ, order or direction more particularly one in the nature writ of Mandamus, declaring the action of the 3rd respondent in refusing to receive, register and release the Ten sale deeds (Ten plots) presented by the Petitioner in respect of land in sy.No.

271lA1 admeasuring to an extent of Ac.

0-10 Guntas and the land in sy.No.

2721A1 admeasuring to an extant of Ac.

0-10 Guntas, totaling to an extent of Ac.

0-20 Guntas, situated at Luxettipet Municipality, Luxettipet Village, Luxettipet Mandal, Mancherial District, on the Ground of Memo bearing No.G2l257l2O'19 dated 2610812020 and 2911212020 issued by the 2nd respondent as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act-1908, 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. espondent. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the direct the respondent No.3 herein to petition, the High Court may be pleased to registered of land in Luxettipet Village, to Memo bearing receive, register and release the Ten sale deeds (Ten Plots) presented by the Petitioner in respect Sy.

No.

Sy.No. of Ac.

2711A1 admeasuring to an extent of Ac.

0-10 Guntas and the land in 272lAl admeasuring to an extent of Ac.

0-10 Gums, totaling to an extent 0-20 Guntas, Situated at Luxettipet Municipality, District, without reference Luxettipet L4andal, [t4a n ch e ria I No.G2125712019 dated 2610812020 and 2911212020 issued by the 2nd Respondent pending disposal of the main Writ Petition.

Counsel for the Petitioner : SRl.

THOOM SRINIVAS Counsel for the Respondents : AGP FOR REVENUE The Gourt made the following : ORDER I HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION No.2o 1120F2o22 ORDER: Heard both sides and perused the material on record' 2. lt 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 ol 2022 and batch, as such, this Writ Petition may be disposed of in terms thereof' 3 Therefore, following the Common Order dated 18 'O2 '2022 in as modified bY the Order dated in W.P.No.29B5 of 2022 ' in terms rhereof, this writ Petition is disposed of as under without any order as to costs (i) The respondent - Sub-Registrar is directed to register ttre document of sale, tralsfer and gift etc ' presented for registration by the petitioner/ s without references to the Memo Nos.G2l257 12019 dated 26 'O8 '2O2O and 29 12 '2020 issued bv the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangala; Letter No.

Letter No.4S/TP/NM Cl2)lg dated O1 i 1'2019 issued by the respondent - the Commissioner, Municipal Corporation' Nizampet to the respond.ent - the Sub Registrar' Quthbullapur' Ranga Reddy District, a:nd similar letters' if arry' issued by the various Municipal Commissioners in the State; W.P.No.328 of 2022 and batch 22.02.2022 in I.A.

No'2 of 2022 ! ,?tr (iii) in case, it is found that there is any violation of law like plots / lalds / structures being sold form pa-rt of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar sha11 make an endorsement informing / cautioning ttre 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 ol 2021.

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

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

There sha11 be no order as to costs. ,TRUE COPY// SD/.K.AMMAJI ASSISTANT REGISTRAR ,.i \v SECTION OFFICER To, 1.

The Principal secretary Stamps and Registration Department, Secretariat Buildings, BRKR Bhavan, Tank bund, State ofTelangana, Hyderabad' Z.

The Commissioner and lnspector General of Registration and Stamps, M J Market, Hyderabad, Telangana State 3.

The Sub-Registrar Luxettipet, Luxettipet lvlandal, Mancherial District' 4.

One CC to SRl.

THOOM SRINIVAS, Advocate. [OPUC] 5.

Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] 6.

Two CD Copies 7.

One Spare Copy TR (ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the documertt referred in direction No.(i) that registration so done is subject to outcome of SLP (Civi1) No.

Civi1) No.

19695 of 2O2I filed by the State covernment before the Hon'ble Supreme Court; ald I \ \"P HIGH COURT DATED:2 5t0412022 ORDER WP.No.20112 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS '.a.

2I APn 2C22 .k *. i-!

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