Paspunuri Chandra Shekar vs The State of Telangana and 2 others

[32ss I HIGII COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,iHT TWE,NTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SIII JUSTICE N.V.SHRAVAN KUMAR B etrveen: ANT) paspunuri chandra Shekar, S/o.

Alantham, occ- Private. employee fuo.3-89 Teliwada, Wa;kidi Village and Mandal Kumarambheem Asifabad District ...Petitioner I .

The State of Telangana, Rep by its Principal Secretary Stamps and Registration Department, Secreiariai Auildings, BRKR Bhavan.

Tank bund, Hyderabad' 2.

The Commissioner and Inspector General Of Registration and Stamps, M.J.

Market, Hydyabad, Telangana State.

3.

The Sub-Registrar, Asifabad Kumarambheem Asilabad ,..ResPondents IA NO: 1 OB 2022 Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the lJigh Court may be pleased to issue an appropriate Writ, order'or direction more particularly one in the nature Writ of Mandamui. dectaring the action of the 3id respondent in not receiving, registering and releasing the sale deid presented by the Petitioner in respect of Plot bearing No.19 in Sy.No. lSn total land admeasuring to an extent of Ac.

1.0640 Guntas, situated at wankidi Kalan village, wankidi Mandal, Kumarambheem Asifabad District, on the Ground of Memo bearing No.G2l257/2019 dated 26.08.2020 and 29.12.2020 issued by the 2nd respondent as illJgal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act-1908, and viotation of Article l4 of constitution of India, and corisequently .direct the 3rd Respondent to receive, register and release the sale deeds presenied,'Uy the Petitioner with;ut reference to Memo bearing No.G2l25712019 dated 26.08.2020 and 29.12.2020 issued by the 2nd respondent, Petition under Section 151 cPC praying that in the circumstances stated in the affidavit hled in support of the petition, the High court rnay be pleased to direct the respondent No. ondent No.3 heiein to receive, register and release the sale deed presented by the Petltioner in respect of Plot bearing No.l9 in Sy.No.

25lD total land admeasuring to an extent of Ac.

1 .0640 Guntas, situated at wankidi Kalan village, wankidi Mandal, WRIT PF.

III ION NO: 21272 OF 20Zz Kumarambheem_ Asifabad District, without reference to Memo bearing No ci2l25712019 dated 26.08.2020;and ?.9.12.2020 issued by the 2nd respondent. pending disposal of the main Writ Petition, Counsel for the Petitiorrer: Counsel frii the ResPondents: SRI.

SADIQ HUSSAIN GP FOR REVENUE The Court made the follorving ORDER: THE HONOURABLE SRI JUSTICE N'V'SHRAVAN KUMAR WRIT PETITION No.2 t2 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 dated 1a.O2.2O22 passed by this Court in W'P' No'328 of 2022 and batch, as modilied by the order dated 22 'O2 '2022 in l'A' No'2 of 2022 tnW.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 la 'O2 '2022 passed by this Court in W'P' No'328 of 2022 and batch as modified by the order dated 22.O2.2O22in I'A No'2 ol 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 sale, transfer and gift etc'' presented for registration by the petitioner/s without reference to the Memo Nos.G2l257 12019 dated 26 'O8 '2O2O atd 29 .12.2O2O issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No 45/TP/NMC/201S dated 01.11.2019 issued by the respondent - tJle Commissioner, Municipal Corporation' 2 Nizampet to the respondent - the Sub Registrar' Quthbullapur' Ranga Reddy District, and similar letters' if any' issued by tl. ued by tl.e various Municipal Commissioners in the State' !- l subject to the petitioner(s) compiying with the provisions of the Indian Registration Act, 1908, and Indian Stamp Act, 1899.

It is open to the Registering Authority to refuse/receive the document(s) presented bdfore 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 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 2027 filed by the State Government before tJ:e Honltle Supreme Court; and (iii) in case, it is found 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 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 Hoh'ble Supreme Court in SLP (Civil) No.19695 of 2021.

To that effect, an endorsement sha.ll be made on the reverse side of the first / second page of the document and a-lso in the encumbrance record, website etc.

SD/.

P.

PADMANABHA REDDY ASSISTANT REGISTRAR ( li ) ': SECTION OFFICER //TRUE COPY// As a sequel thereto, miscellaneous applications, if any, pending in the writ petition shall stand closed.

To, 'l .

The Principal Secretary Stamps and Registration Deparlment' Secretariat Buildings' ' B'RKi"BI;;;-,-Tank bund.

State of Telangana' Hvderabad' 2.

The Commissioner and Inspector General Of Registration and Stamps' M'J' Market' Hyderabad, Telangana State.

The Sub-Registrar, Asifabad Kumarambheem Asifabad q.

OnetC to Sri.

Sadiq Hussain Advocate [OPUC] 5. [OPUC] 5.TwoCCstoGPRevenue,HighCourtfortheStateofTelangana'[OUT] 6.

Two CD CoPies HIGH COUR'T NVSKJ DATED:27104t2022 ORDER wp.NoizrzT2 of 2022, WRIT PETITION TS DISPOSED OF WTTHOUT COSTS 1 7 JUt,l 2[22 I TArt S '( A k D1