Kakumani Madhava Rao vs State of Telangana

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 SRI JUSTICE A,ABHISHEK REDDY WRIT PETITION NO: 19404 OF 2022 Between: Kakumani Madhava Rao, S/o Sri Kotaiah, aged Business R/o H.No.2-'107, Darkanipadu, Gudluru, 523281 , Andhra Pradesh State about 45 years, Occ.

Parakasham District - AND 1 State of Telangana, represented by its Principal Secretary, Revenue Department at Secretariat, Hyderabad The Commissioner and lnspector General of Stamps and Registration, Mojamjahi Market, Hyderabad The Sub-Registrar, Ameenpur, Sangareddy District .,.RESPONDENTS Petition under Article 226 oI lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in refusing to receive, register and release the sale deed presented by the petitioner in respect of open Plot No.

191 admeasuring 150 Sq.Yards situated in sy.No.195/AAl at Srujana Lakshmi Nagar, Phase-lV of Patelguda village, Ameenpur Mandal' sangareddy District, on the grounds of Memo No.G2125712019, daled.2610812020 and 29.12.2020 issued by the 2nd respondent for being illegal, arbitrary, without jurisdiction and contrary to the provision of the Registration Act, 1908 and in violation of Article 14 of the Constitution of lndia, and consequently set aside the Memo No,G2l257t2019 dated.

2610812020 and 29.12.2020 issued by the 2nd respondent.

2 3 ...PETITIONER lA NO: 1 OF 2022 Petition under section 'l s 1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased ro direct the 3rd respondent to receive, register and release the sale deed presented by the petitioner in respect of open plot No. ig1 admeasuring 150 Sq.yards situated in Sy.No. in Sy.No.195/AAl at Srujana Lakshmi Nagar, phase-lV of patelguda village, Ameenpur Mandal, sangareddy District, wrthout reference to Memo No.G2125712019, dated 26.08.2020 and 29.12.2020 issued by the 2nd respondent, pending disposal of the main Writ petition, in the interest of justice.

Counsel for the Petitioner: SRI VONJART RAJA SHEKAR REDDy Counsel for the Respondents: AGp FOR REVENUE The Court made the following: ORDER I THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.19404 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 passed by this Court in W.P.No.328 of 2022 and batch, dated 18.02.2022, as modified by the order, dated 22.O2.2O22, in .l.A.No.2 of 2022 in W.P.No.2985 of 2022 and batch, as such, this writ petitior-l may be disposed of in terms thereof.

3.

Therefore, following the common order, dated I8.O2.2O22, in W.P.No.32B of 2022 and batch as modified by the order, dared 22.02.2022, in LA.No.2 ot 2022 in W.P.No.29BS 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 reference to the Memo Nos.c2l257 l2Ol9, dated 26.08.2020 and 29.12.2020, issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.aS/TP/NMCl2Ol9, dated 01.1 1.20 19, issued by the Commissioner, Municipal Corporation, Nizampet, to the Sub-Registrar, 2 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 lirst page of the document referred in direction No. ection No. (i) that registration so done is subject to outcome oi SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon'ble Supremc Court; and (iii) in case, it is found that there is any violation of law Iike plots/ lands/ structures being sold form part oi F.T.L. and Buffer Zone/Plots having less than 30 feet road u'idth 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 Hon'ble Supreme Court in SLP (Civi1) No.19695 ol 2027.

To 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 the s'ritjgti g9n-sXall -stand-cbsed' ,TRUE COPY// SD/.T.KRISHNA KUMAR AsslsrAt2lfiGlsTRAR SECTION OFFICER To, 1.

The Principal Secretary, Revenue Department at State of Telangana' Secretariat, HYderabad 2.

The commissioner and lnspector General of stamps and Registration, Mojamjahi Market, Hyderabad 3.

The Sub-Registrar, Ameenpur, Sangareddy District 4.

One CC to SRI VONJARI RAJA SHEKAR Advocate [OPUC] \. \ t 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. /i' NPJ r\P HIGH COURT DATED:2510412022 ORDER WP.No.19404 of 2022 DISPOSING OF THE WRIT PETITION I ri J o 1kt e- SIA n q .,,. r,> {r) 11 l"ii-i ';'il ;> n' ,i WITHOUT COSTS. *