Smt. Y. Shobarani vs the State of Telangana and 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF I\,IARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY Between: Smt.

Y.

Shobarani, Wo Sri Y.

Samba Shivudu, Aged Occ.Housewife, R/o H.No.5-2-33, Venkateshwara Colony, Keesara Mandal, IVedchal-Malkajgiri District. about 63 years, Rampally Village, AND 1 2 3 ...PETITIONER The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad.

The Commissioner and lnspector General, of Registration and Stamps, Telangana State at Hyderabad.

The Sub-Registrar, Keesara, Medchal-Malkajgiri 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 Nlandamus, by declaring the action of the 3rd respondent in not receiving and to register and release the Gift Deed presented by the petitioner in respect of the piece and parcel of the Plot No.133, admeasuring 150 Sq.Yards., and Plot No.134, admeasuring 150 Sq.Yards., totally admeasuring 300 Sq.Yards or 250.8 Sq.Mtrs., in Sy.Nos.

103/A, 103/AAl2lA, 1031E12, 104/A, 105/A, 106/4 and 108/E/3, situated at Godumakunta Village and Gram Panchayat, Keesara lvlandal, Medchal-Malkajgiri District, Telangana State, on the basis of Memo No.G2125712019, issued by the 2nd respondent as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article 14 of Constitution of lndian and consequently to direct the 3rd respondent to receive, register and release the Gift Deed presented by the petitioner in respect of above said subject property, notwithstanding the Memo No.G2125712019, issued by the 2nd respondent. espondent.

WRIT PETITION NO: 3151 OF 2022 lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstan()es stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to receive, regrster and release the Gift Deed presented by the petitioner in respect of the piece and parcel of the Piot No.1 33, adm€)asuring 1 50 Sq.Yards., and Plot No.134, admeasuring 150 Sq.Yards., totally adm<:asuring 300 Sq.Yards or 250.8 Sci.lvitrs., in Sy.Nos. '103/A, 103/AA/21A, 1031E12,1041A, 1051A, '106/4 and 108/E/3, situated at Godumakunta Village and Gram Panchayat, Keesara lrlandal, Medchal-tVlatkajgiri District, Telangana State, withcut reference to Memo No.G2125712019, issued by the 2nd respondent, during the pendency of the above writ petition.

Counsel for the Petitioner: SRl.

METTU PRAVEEN KUMAR Counsel for the Respondents No.

1to 3:GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER tIONOTIIT,,\BLE SITI JUS'I'ICE B.

VI.IAYSEN I{IiDDY oRpER (Or{AL) : Heard both sides and perused the material on record.

2. lt is submitted by the learned counsel on either side that subject rnattcr 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 ol-2022 in W.P.

No.2985 of 2022 ancl batch. and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terms thereof 3.

This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the subject document/s.

However, conditions were imposed that (a) the petitioner/s is/are not permitted to wlthdraw the writ petition petition. wRlT PE'I'I]'ION No.3l5l OF 2022 and (b) registration shall be subject to final result of the writ 4. he writ 4.

In view of thc above, recording the aloresaid subrnission of the learned counsel on either sidc, follorving the common order dated 1U.02.2022inW.P.

No.32.9 of 2022 and batch as modified bv the order dated 22.02.2022 in l.A.

No.2 of 2022 in W.P. ltlo.2985 of 2022, in terms thereof, this writ petition is disposed of as under, without any order as to costs: (A) If the subject docurnent/s hasihave already been registered and released pursuant to the interim order; (ii) in case, it is fbund that there is any violation 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 shatl 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 (lourt in SLP (Civil) No.19695 of 2021.

To that ef:tct, an (i) the document/s registered by the Sub-Registlar shall be subject to outcorne of SLP (Civil) No.19695 of 2021 frled by the State Government before the Hon'ble Supreme Court; and endorsement shall be madc in the encumbrance record, website etc. (B) If the subject document/s is/are not yet registered and released pursuant to the interim order; (i) the respondent - Sub-Registrar is directed to register the document o[ sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.

G 2/257 I 20 I 9 dated 26.08.2020 and 29.

I 2.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 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; (ii) the Sub Registrars i gistrars 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 to outcome of SLP (Civil) No.19695 of 2021 filed by the State Govemment before the Hon'ble Supreme Court; and (iii) in case, it is found that there is any violation of law like plots / lands / structures being sold form part l of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Rcgistrar shall make an endorsement inlorming / cautioning the pi:rchasers that risk is involved in purchase of such plots; such transactions are hit by rclevant statutory provisions; that registration of the same is subject to outcome of orders of the l{on'ble Supreme Court in SLP (Civil) No.19695 of 2021.

To that elfect, an endorsement shall be made on the reverse sice of the first / second page of the document and als,t in the encumbrance record, websitc ctc.

As a sequel thereto, miscellaneous petitions, il any, ;rending in this writ petition stand closed.

SD/- DEPU LAKSHMI t:GTSTRARS //TRUE COPY// SE OFFICER "'' Il-".'ug?1;::'3:3;ffi1"J;,i*1f flf#,':",:,1 "'"'"o' ::o::::' State of Telangana secterar rd( ":l:" X:-:; .\r Reoistration and Stamps' 2 rhe commissioner ll;'H;il;;'ienerat' of Resistration and Stamp ; s=tt^,::,'{}ffi rwit'l1rot+li+;;sur o.u * r.r,he i. f*o CCs to GP Ft State of Telangana at Hyderabad' [OUTI .

Two CD CoPies .

One SPare CoPY t) 7 KM PS 4- HIGH COURT DATED: 0710312022 ORDER WP.No.3151 of 2022 DISPOS!NG OF THE WRIT PETITION WITHOUT COSTS 1E StP l$il :la ,.,) l I ia f )