Sri P. Bhaskar vs The State of Telangana

[ 32s5 ] HIGH COURT FOR THE STATE OF TELANGANA (Special Original Ju risd iction ) WEDNESDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 21194 OF 2022 Between: 1.

Sri P.

Bhaskar, S/o Late P.

Shankaraiah, Aged about 52 years, Occ.

Business, R/o H.No 3-'1 31, Azad Road, Bhongir Town and lr4andal, yadadri Bhuvanagiri District 2.

Srinivas, S/o Late P.

Shankaraiah, Aged about 5O years, Occ.

Business, R/o H No 3 1-31 Azad Road, Bhongir Town and l\4andal, yadadri Bhuvanagiri District.

Rep. by their GPA Holder I\,4aila Venkatram Reddy S/o M.

Saidhi Reddy, Aged about 38 years, Occ Business, R/o H.No.3-4, Thammaram, Thammavaram, Na lgonda District.

AND 1.

The State of Telangana, Rep. by its Principal Secretary Revenue (Stamps and Registration), Secretariat, Hyde ra bad.

2.

The Commissioner. and lnspector General of Registration and Stamps, Telanga na, Hyderabad.

3.

The Sub-Registrar, Bhongir Mandal, Yadadri Bhuvanagiri 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 toto issue any writ order or drrection more particularly one in the nature of Writ of lVlandamus declaring the inaction of the respondent No.3 in receiving, registering and releasrng the Sale Deed presented by the petitioners in respect of Plot Nos1289,1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297,1298, 1299, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, t311and13t2, each ptot admeasuring 242 Sq Yards, Plot No 1300 admeasuring 303 Sq.yards, plot ...PETITIONERS ,. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to drrect the respondent No.3 to receive, register and release the Sale Deed presented by the Petitioners in Nos. rs in Nos.12B9, 1290, 1291, respecff 1292, 1293, Plol 1294,1295, 1296, 1297,1298, 1299,1302, 1303, 1304, 1305, 1306, 1307, '1 308, 1309, 1310 1311 and 1312, each plot admeasuring 242 Sq Yards Plot No 1300 admeasuring 303 Sq Yards, Plot No.1301 admeasuring 353 Sq Yards, Plot No '1 313 admeasuring 363 Sq.Yards and Plot No.1314 admeasuring 323 Sq.Yards, Total 26 Plots, admeasuring 6666 Sq.Yards, Fallen in Sy Nos 51 and 52, situated at Veeravelly Village, Bhongir [\,4andal, Yadadri Bhuvanagiri District, Under G.P Veeravelly No.'1 301 admeasuring 353 Sq.Yards, Plot No 1313 admeasuring 363 Sq Yard,s and Plot No.1314 admeasuring 323 Sq Yards, Total 26 Plots, admeasuring 6666 Sq.Yards, Fallen in Sy.Nos.51 and 52, situated at Veeravelly Village, Bhongir lVlandal, Yadadri Bhuvanagiri District, Under G P Veeravelly, on the basis of IVemo No G2l25712019 issued by the respondent No 2 as illegal, arbitrary and one without lurisdiction and to consequently direct the respondent No.3 to receive register and release the Sale Deed presented by the Petitioners in respect of Plot Nos 1289, 1290, 1291 ,1292, 1253, 1294, 1295, 1296, 1297,1298, 1299, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311 and 1312, each plot admeasuring 242 Sq.Yards, Plot No.1300 admeasuring 303 Sq.Yards, Plot No 1301 admeasunng 353 Sq Yards, Plot No 1313 admeasuring 363 Sq Yards and Plot No.1314 admeasuring 323 Sq.Yards, Tota 26 P ots admeasuring 6666 Sq Yards, Fallen in Sy.Nos 51 and 52, s tuated at Veeravelly Vrllage.

Bhongir lVandal.

Yadadri Bhuvanagiri District, Under G P Veeravelly w thout the reference of the I\4emo No G212571201 9 issued by the respondent No 2 Counsel for the Petitioners : SRl.

KATIKA RAVINDER REDDY Counsel for the Respondents : GP FOR REVENUE The Court made the following : ORDER THE HONOURABLE SRI JUSTICE N'V'SHRAVAN KUMAR WRIT PETITION No.21 194 of 2022 ORDER: Heard both sides and perused the material on record' 2. record' 2.

It is submitted by the learned counsei on either side that subject matter of this writ petition is squarely covered by the common order dated 1B'O2'2O22 passed by this Court in W'P' No'328 of 2022 and batch as modified by the order dated' 22 'O2 '2022 'in I'A' No'2 of 2022 inW.P No'2985 of 2022 and batch' as such' this writ petition may be disposed of in terms thereof' 3.

Therefore, following the common order dated 18 02 '2022 passed by this Court in W'P No'328 ol 2022 and batch as modified by the order dated 22'O2'2O22in I A No'2 of 2022 in W P No'2985 of 2022 and batch, 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 sa'le, transfer and gift etc'' presented for registration by the petitioner/s without reference to the Memo Nos'G21257 12019 dated 26 'O8 '2O2O and 29.12.2O2O issued by the respondent - the Commissioner ald lnspector General of Registration and Stamps, Telangana; Letter No 45/TP/NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation' 2 Nizampet to the responcient - the Sub Registrar' Quthbullapur' Ranga Reddy District, ar-rd similar letters' if any' issued by the various Municipal Commissioners in the State' ( 1.

I l subject to the petitioner(s) comp\ring with the provisions of the Indian Registration Act, l9og, ald Indian Stamp Act, 1899.

It is open to the Registering Authority to refuse/receive the document(s) presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner(s); (ii) the respondent - Sub-Registrars in the State shall mal<e an endorsement at the reverse side of the first page of the document referred in drrection No. (i) that registration so done is subject to outcome of SLp (Civil) No.

Civil) No.19695 of 2027 filed by the State Government before the Hontrle Supreme Court; and (iii) in case, it is found that there is any violation of law like plots / lands / 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 shall make al 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'b1e Supreme Court in SLp (Civil) No.19695 of 2021.

To that effect, an endorsement shail be made on the reverse side of the first / second page of the document ald also in the encumbrance record, website etc.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition shall stand closed.

SD/.

P.

PADMANABHA REDDY ASSISTANT REGISTRAR (.vt I SECTION OFFICER //TRUE COPY' \ To, 1.

The Principal Secretary Revenue (Stamps and Registratjon), State of Telanga na, Secretarrat, Hyde ra bad.

The Commissioner, and lnspector General of Registration and Stamps Telangana, Hydera bad 3.

The Sub-Registrar, Bhongir IVandal, yadadri Bhuvanagiri District.

4 One CC to SRI KATTKA RAVINDER REDDY Advocate tOpUCl 5 Two CCs to GP FOR STA|VPS AND REG|STRAT|ON, High Court for the State of Telangana, at Hyderabad [OUT] 6.

Two CD Copies I HIGH COURT NVSKJ DATED:27104t2022 ORDER WP.No.21194 of ZO22 WRIT PETITION DISPOSED OF WITHOUT COST 1 3 JIJN ?[2? * * a q o r{: S 1