Yemireddy Narender Reddy vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVONDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY wRlT PETITION NO: 20379 OF 2022 Between: 1.

Yemireddy Narender Reddy, S/o Yemireddy years, Obc.

Agriculture, Rl/o Manthati V Nagarkurnool District, Telangana State Venkat Reddy, Aged about 50 illage, Nagarkurnool [,ilandal, 2 Alwala Pulla Reddy, S/o Alwala Chenna Reddy, Aged about 54 yeqrs, Occ.

Business, R/o Manihati Village, Nagarkurnool [/andal, Nagarkurnool District ...PETITIONERS AND 1.

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

The Commissioner and lnspector General Registrationand Stamps, Telangana, Hyderabad, 3.

The Sub-Registrar, Nagarkurnool, Nagarkurnool 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 any Writ, order or direction more particularly one in the nature of WRIT OF MANDAIVUS declaring the action of the Respondent No.3 not receiving, registering and releasing the documents in favour of the prospective purchasers submitted by the Petitioner, basing on the lvlemo issued by the Respondent No.2 vide No.G2l25712019 dated 26-08-2020, and Amended Memo No.G2l25712019 daled 29-12-2020, for Plots No.7, B, 9, '10, 1 1, 12, 13, 17 , 18, 20, 21 , 22 (Tolal 12 Plots) in Sy.No.349/4l, and Sy.No.349/A2, situated at Manthati Village, Nagarkurnool Mandal, Nagarkurnool District, Telangana State, inspite of Order dated 23-08-202'1 passed by this Hon'ble Court in WP.No.9248/2021 is illegal, arbitrary and violation of articles 14,21 and 300-A of Constitution of lndia also against the principles of natural justice and consequently direct the Respondent No. ondent No.3 to receive, register and release the Document in favour of the prospective purchasers submitted by the Petitioner for Plots No.7, B, 9, 10, 11 , 12, 13, 17, 18, 20,21 ,22 (lotal 12 Plots) in Sy.No.349/A1, and Sy.No.349lA2, situated at Manthati Village, Nagarkurnool Mandal, Nagarkurnool District, Telangana State, without reference to the Memo issued by the Respondent No.2 vide No.G2125712019 dated 26-08-2020, and Amended Memo No.G2l25712019 dated 29-12-2020 lA NO: 1 OF 2022 Petition under Section 151 CPC praying that ln the circumstances stated in the affidavit filed in s,rpport of the petition, the High Court may be pleased to direct the Respondent No.3 to receive, register and release the Document in favour of the prospective purchasers submitted by the Petitioner for Plots No.7, 8, 9, 10, 11, 12, 13, 11', 18,20.21 , 22 (Total 12 Plots) in Sy.No.349/A1, and Sy.No.349/A2, situated at Manthati Village, Nagarkurnool Mandal, Nagarkurnool District, Telangana Sitate, without reference to the Memo issued by the Respondent No.2 vide No.G2l257l2O19 dated 26-08-2020, and Amended Arlemo No.G2125712019 dated 29-12-2020, pending disposal of main Writ Petition.

Counsel for the Petitioners:SRl.

D.L.PANDU Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the fc,llowing: ORDER THE HONOURABLE SMT.

JUSTICE G.ANUPAMA CHAKRAVARTHY WRIT PETITIO N No,20379 OF 2022 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 ol 2022 and batch dated 18.02.2022 as modified by the order dated 22.02.2022 in l.A.

No'2 of 2022 in W .P.

No.2985 of 2022 and batch, as such, this writ petition maybe 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. n W.P.

No.2985 ol 2022' in terms thereof, this writ petition is disposed of as under without any order as to (i) The respondent - Sub Registrar, Nagarkurnool, Nagarkurnool District is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s, if document is otherwise in accordance with law, without reference to the Memo Nos.G2125712019 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/ 2019 dated t II ! (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) that registration so done is subject lo outcome of SLP (Civil) No.'19695 of 2021 filed by the State Government before the Hon'ble Supreme Court; and (iii) in case, it is found that there is any vlolation 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 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 registratlon of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLp (Civll) No.19695 of 2021. fo, that effect, an endorsement shall be made on the reverse side of the first / second page of the document and also in the encumbrance record, website etc.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed. //TRUE COPY// SD/.K.SAILESHI ASSISTANT REGISTRAR SECTION OFFICER 1 The Principal.Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad The Commissioner.and lnspector General Registrationand Stamps, Telangana, Hyderabad, To, 2 2 01.11.

2 2 01.11.2019 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 the various Municipal Commissioners in the State; I I 3.

The Sub-Registrar, Nagarkurnool, Nagarkurnool District 4.

One CC to SRl.

D.L.PANDU Advocate [OPUC] 5.

Two CCs to GP FOR STAMPS AND REGISTRATION,H|gh Court for the State of Telangana. [OUT] 6.

Two CD Copies.

7.

One Spare Copy.

GB MMA2\-- I Ii HIGH COURT DATED:251041,2022 ORDER WP.No.20379 of 2022 DISPOSING OIT THE WP \ L t.a s\ \It Lt fo L) 1t lull ttit t oespltC \6 WITHOUT COSiTS. \b ^P- { t\ v t t a^" { \/