Suddala Raju vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR.

JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO: 19617 OF 2022 Betwee n Suddala Raju, W/o.

Suddala Anjaiah, Age 47 Years, Occ: Housewife, R/o.

H.

No.

2-3-312, tvletpally Town and Mandal, Jagtial District ...PETITIONER AND I 1.

The State of Telangana, Represented by its Principal Secretary to the Stamps and Registration Department, Secretariat Buildings, Hyderabad.

2.

The Commissioner and lnspector General of Stamps and Registration, Mojam Jahi Market, Hyderabad.

3.

The Sub-Registrar, Metpally, Metpally Proper and Mandal, Karimnagar 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 order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, declaring the action of respondent No.

3,in refuding to receive, register and release the Gift settlement deed presented by the petitioner in respect her plot i.e., an extent of 233.01 Sq.

Yds. in Sy.

No.1197 situated at Metpally Town and lvlandal, Jagtial District, pursuant to the Memo No's.

G2125712019, dated 26-08-2020, and G2125712019, Dale.

29-12-2020 issued by i the respondent No.

2, under the Prohibition of registration of unauthorized plots and buildings, is nothing but arbitrary, illegal, null and void, without jurisdiction, contrary to the provisions of Registration Act, 1908 and in violation of Articles 14, 19 and 21 of Constitution of lndia.

Consequently direct the respondent No.

3, herein to forthwith receive, process, register and release the Gift settlement deed presented by the petitioner in respect of her above referred plot i.e., in Sy.

1197 situated at Metpally Town and lvlandal, Jagtial District, without reference to the Memo No's.

Memo No's.G2125712019, dated 2610812020 and No.G2l25712019, Daled.

2911212020 issued by the 2nd respondent. \ ilzil lA NO: 1 oF 2022 Pdtition under Section 151 CPC praying that in the circumstances stated in I the atfiddvit filed in support of the petition, the High Court may be pleased to direct the respAndent No.

3, to forthwith receive, process, register and release the Gift settlement deed presented by the petitioner of her plot i.e., an extent of 233.01 Sq.

No.1197 situated at MetpallyTown and Mandal, Jagtial District, without reference to the Memo No's.G2l 25712019, dated 26-08-2020, and G2125712019 29-12-2020 issued by the respondent No.2.

Counsel for the Petitioner: SRl.

K.

VENUMADHAV Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER I i THE HON'BLE DT.

JUSTICE CHILLAKUR SUMALATHA WRIT PETITION No.196L7 OF 2022 ORDER: Heard the submission of learned counsel for the petitioner as well as the learned Government Pleader for Stamps and Registration.

Perused the materia-l avajlable on record.

Learned counsel for the petitioner as rve1l as the learned Government Pleader for Stamps and Registration submits that the subj ect matter of this Writ Petition is squarely covered by the Common Order passed by this Court in W.P.No.328 of 2022 a.:rtd batch dated 18.02.2022 as modified bv the Order dated 22.02.2022 in I.A.No.2 of 2022 in W.P.No.29B5 of 2022 and batch.

By stating so, they seek to dispose of the present Writ Petition in terms of the above order.

Having regard to the afore-mentioned submission, this Court considers it desirable to dispose of the present Writ Petition following the Common Order dated 18.02.2022 in W.P.No.32B of 2022 and batch as modified by the Order dated 22.O2.2022 in LA.

No.2 of 2022 in W.P.No.29B5 of 2022. (i) The respondent - Sub-Registrar is directed to register the document presented for registration by the petitioner/s without reference to the Memo Nos.G21257 12019 da\)28o8. da\)28o8.!020 and I 2 costs.

4 Dr.

CSL,J w.P.No.l96l7 0f2022 29.12.2O2O issued by the respondent - the Commissioner and Inspector Genera-l of Registration and Stamps, Telangana; Letter No.4S/TPINMC 12019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, euthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State; (ii) the Sub Registrar concerned sha_ll 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 202t frled by the State Government before the Honble Supreme Court; and (iii) in case, it is found that there is any vioiation 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 shal1 ma-ke 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 (Civi!

No.19695 of 2021.

To that effect, an endorsement shall be made on the reverse side of the first / second page of the document ald a_lso in the encumbrance record, website etc. (iv) The respondent - Sub-Registrar, however, shall register the document in case the same is in accordance with law regarding a-11 other aspects.

The Writ Petition is accordingly disposed of.

No ordT as to J Dr.

CSL,J w.P.No,l96l7 o12022 5.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. /iTRUE COPY// Ass,ss?iRisAJIfl'#iil SECTIIN OFFICER '"1i!!il^fr [i!]]:?',x','s$!firui#[:T;'#Til:-;]11;"'l ' iif; !4"&fruffi"ff?d;r",*u, Proper and tvrandar' Karimnasar 3.

The Sub-Registrar' t?iigqi",#:{,:*s?H6iit1!:#:*l?3"?hc'u'1r'r'ihes'ia'ie'r 6 Two CD CoPies 7.

CoPies 7. on.

SPare CoPY CHR I I \v HIGH COURT DATED:2510412022 W.P.

I I No.19617 ot 2022 ORDER 7 1HE S l4 14: 17 MAY 2C2/ u l.t ,+ DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I o#/