KURVA GOPAL vs THE STATE OF TELANGANA

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 21376 OF 2022 Between: '1 .

KURVA GOPAL, S/o.

Kurva Ramanna, Aged about 36 years, Occ.

Business, R/o.

H.

No.

1-38, Doudarpally, Gadwal Town, Jogulamba Gadwal District, Telangana.

2.

Sri.T.

Jagadeesh, S/o.

Late T.Nagaraju, Aged about 33 years,^Occ.

Pr:in..Pq' R/o.

7-9-141, Nallakunta,- Gadwal Town, Jogulamba Gadwal District' Telangana.

3.

Sri.

Narsimhulu, S/o.

Hanumanthu, Aged about 33 years, Occ.

2-47, Doudarpalty, Gadwal Town, Jogulamba Gadwal District, Telangana. ...PETITIONERS AND 1.

THE STATE OF TELANGANA, Represented by lts Principal Secretary, (Revenue Department), Secretariat, Hyderabad.

The commissioner and inspector General of stamps and Registration, lvlozamjahi IVlarket, Hyderabad, 3.

The Sub-Registrar, Gadwal, Jogulamba Gadwal District. ...RESPONDENTS Petition under Article 226 of lhe 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 N/andamus declaring the action of the Respondents No.

3 in refusing to receive, process, register and release the sale deed documents presented by the Petitioner's of their respective Plots bearing No. '1 , 2, 3, 4, 5, 6, 7, B, 9, 10, 1A, 7A in Survey No.

936/82,situated at Gadwal outskirts, Gadwal Mandal, Jogulamba Gadwal District (old Ir/ahabubnagar), on the basis of the MEIVO No.G2125712019, dated 26-8-2020and 29-12-2020, issued by the Respondent No.2, as arbitrary, iltegal without any jurisdiction contrary to the provisions of the registration Act 19OB and in violation of Article '14 of Constitution of lndia and consequently direct the Respondent No. ondent No.3 herein to receive, register and release the sale deed documents presented by the Petitioners in respect of their PIot Nos.1, 2, 3, 4, 5, 6, 7, 8, 9, 10,1A, 7A admeasuring 133.33Sq.Yds, 133.33Sq.Yds, 133.33Sq.Yds, 148.43 Sq.Yds, 149.7BSq.Yds,133.33Sq.Yds, 133.33Sq.Yds, 119.72 Sq.Yds, 101.38 Sq.Yds, '102.83Sq.Yds, 53 9BSq Yds, 54'34Sq Yds total 1397 11Sq Yds in Survey Nb 936/82,situated at Gadwil outskirts' Gadwal lVandal' Jogulamba- GadwalDistrict(oldtr/ananunnagar)withoutreferencetol\4EIr/oNo.G2l257l2o19' dated 26-08-2020, issued by the Respondent No 2' IA NO 1 0F 2022 PetitionunderSectionlslCPCprayingthatinthecircumstancesStatedin the affidavit filed in support of the petition' [f'e Hign Court may be pleased to direct the respondent No.

3 to i".uiu., process, register' and release the sale deed documents presented uv tf'.)e petiiltners in respect of their plot Nos l ' ? ^1'^4' .5' 6' ;,e, iO,rn, zn "oruasuring 13333SqYds' 13333SqYds' 13333SqYds' 'iqa qi'sq.Vor, r+e.zesq.Yds,i:s.aesq vat-.

133 33Sq Yds' tl9,t2,^sq-Yds' ioi.s8 sq'ias, 102.B3sq.Vos, 6e.sasq.vds, 54 34sq Yds total 1397 1.1sq Yds in S;;r;, N; 936182, situated at Gadwal outskirts' Gadwal Mandal' Josulamba- Gadwal District (ofO -itlafranuf nagar)' without reference to l\'1ElVO No.G2l257l2O19,dated26-08-2020and-29-12-2O20,issuedbytheofficeofthe Respondent No.2.

Counsel for the Petitioners:SRl' RAVI PRAKASH'N Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER //4 1 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 18'02.2022 passed by this Court in w'P' No'328 of 2022 and batch as modified by the order d'aled 22 'O2 '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. hereof' 3.

Therefore, following the common order dated 18 '02 '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 ot 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 29.12.2O2O 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, 2 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' THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No'21376 of 2022 ORDER: t subject to the petitioner(s) complying with the provisions of the Indian Registration Act, 1908, and Indian Stamp Act, 1899. lt 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 sha-ll 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 2O2l frled by the State Government before the Honble 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 P.T.L. of P.T.L. and Buffer Zone / Plots having less than 30 feet road wldth 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 (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, miscellancous applications, if any, pending in the writ petition shall stand c SE AssrsrAsN?'JisSgYXti U -r u v^) //TRUE COPY// sEcTlo N OFFICER 1 To, 2 The Principal Secretary' (Revenue Department)' State Of Telangana' secretariat' Hyderaoao ^ --^'^r ^r at'mns and Registration' m".::li:ll t:n:l il$J::if,T', G e n e ra I of sta m p s a - I GB 5u N 3.

The Sub-Registrar, Gadwal, Jogulamba Gadwal District.

4.

One CC to SRt.

RAVI pRAKASH.N Advocate tOpUCl 5.

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

Iour] 6.

Two CD Copies.

7.

One Spare Copy. { ^.

I 1 \ HIGH COURT ORDER WP.No.21376 of 2022 DISPOSING OF THE WP WITHOUT COSTS.

DATED:2710412022 9'\ ut\f== o a) {! '., ,' x