Vemula Krishna vs The State of Telangana

''na coun rcfrTfirg;:i lii:rw Ar H,DERABAD WEDNESDAY ,THE TW rw o i i o-u i e' i !IK;1,,i liirffi S F A P R L PRESENT THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR WRIT ETITIONNO:21370 0F P 2022 Between: H AND ...PETITIONER 1.

The State of Tejanoana, Represented by its principal Secretary to the Stamps a nd Reg istratron oepu rtreri, sliiljr ri Jt e rirli. gs.

Hydera bad.

2 The commissioner and rnspector Generar of Stamps and Registration, lVojam Jahi Market, Hyderabad.

3.

The sub-Registrar, I\/etpaily, rvetpaily proper and Mandar, Jagtiar 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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, declaring the action of respondent No.

3, in refusing to receive, register and release the gift settlement deed presented by the petitioner in respect of his plot of land admeasuring 400.00 Sq.

Yds equal to 334.44 Sq, IMtrs in Sy.

No.

1191, situated at l\4etpally Village and Mandal, Jagtial District, pursuant to the Memo No's.

G2l257l2019, dated 26-08-2020, and G2l257t2}1g.

Date.

29-12-2020 issued by the respondent No 2' under the prohibition of registration of unauthorized plots and buildings, is nothing but arbitrary, illegal, null and void, without jurisdiction' contrary to the provisions of RegistrationAct,'lg08andinviolationofArticlesl4"lgand2'lofConstitutionof lndia, Consequently direct the respondent No 3' herein to forthwith receive' process, register and release the gift settlement deed presented by the petitioner inrespectofhisplotreferredabovei.e.,landadmeasuring400.00sq.Ydsequal Vemula Krishna.

S/o.

Venfts1p36ulu.

Age.52 years, Occ.

Business, Rio No 1 -2-1 1 1, Mustimpura. rr,letpJiry iowX;.; N/;ffi;]: Jaqtiat Disrrict. to 334. t. to 334.44 Sq' Mtrs in Sy' No 1191' situated at Metpally Village and tVlandal' Jagtial District, without reference to the Memo No's' G2l257l2019' dated 26-08- 2020 and No.G2l257120'19' dated 2g-12-2l2lissued bythe 2nd respondent' petition under Section 151 cpc praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtodirect the respondent No' 3, to forthwith receive' process' register and release the gift settlement deed presented by the petitioner of his plot i'e ' land admeasuring 400.00 Sq' Yds equal lo 334'44 Sq Mtrs in Sy No.

1191' situated at t\'4etpally Village and Mandal, Jagtial District' without reference to the Memo No's G2l 25712019, dated 26-08-2020, and G2t257l2o1g' dated 2g'12'2020 issued by the IA NO: 10F 2022 respondent No.

2.

Counsel for the Petitioner:SRl' K'VENUMADHAV Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER I 1 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.21370 of2022 ORDER: Heard both sides and perused the material on 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 78.02.2022 passed by this Court in W'P' No'328 of 2022 and batch as modified by the order dated' 22'02'2022 in I'A' No'2 of 2022 in W.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 lB'O2'2022 passed by this Court in W.P.

No.32B of 2022 and batch as modified by the order dated 22.02.2022 in I'A' No'2 of 2022 in W'P' No'2985 ol 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 and 29.12. and 29.12.2O2O issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No 45/TP/NMC/2019 dated O1.11.2019 issued by the respondent - the Commissioner, Municipal Corporation' 2 Nizampet to the respondent - the Sutr Registrar' Quthbullapur' Ranga Reddy District, and similar letters' if any' issued by the various Municipal Commissioners in the State' l l subject to the petitioner(s) complying with the provisions of the Indian Registration Act, 1908, alrd 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 ard communicate the said decision to the petitioner(s); (ii) the respondent - Sub-Registrars in the State shall ma-ke an endorsement at the reverse side of the hrst page of the document referred in direction No.(i) that registration so done is subject to outcome of SLp (Civil) No.19695 of 2021 fited by the State Government 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 of F.T.L. and Buffet Zone / Plots having less than 3O 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 Hontrle Supreme Court in SLp (Civil) No.19695 of 2021, 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 applications, if any, pending in the writ petition shall stand closed. //TRUE COPYII SO/.P.PADMANABHA RE ASSISTANT REGI AR SECTION OFFICER I To, 'l'\ 1 .

The Princioal Secretarv to. retarv to.the Stamps and Registration Department, State of Tetangana, Secretariai Buiidid;, H;J#;;;:r'"'" \ 2.

The Commissioner and lnspector General of Stamps and Registration, Ir/ojam Jahi N,4arket, Hyderabad.

The Sub-Registrar, tr,4etpally, Metpally properand Mandat, Jastiat District.

4.

One CC to SRl.

K.VENUIVADHAV Advocate tOpUCl 5.

Two CCs to GP FOR REVENUE,H|gh Court for the State of Telangana. lourl 6.

Two CD Copies.

7.

One Spare Copy.

IUMA GB/d \ I HIGH COURT ORDER WP.No.21370 of 2022 '.:o l,! \, DATED:27 t}4tZO2Z /:,/ gF iE(1 .N \)" o-\ N^ '+ r_a * 4crH + DISPOSING OF THE WP WTHOUT COSTS.

I ) I .,/