M/s Kanakadurga Townships Private Limited. vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION NO:222 70F 22 lVl/s Kanakadurga Townships Private Limited , represented by rii.rafii, sl"lRavincer Reddv, aged about 3-1.Years, occ B 11-1294, Nairn Nagar, Hanumakonda City and District' Between: AND its Director Kondam usiness, Fi"/o.

H.No.5- ...PETITIONER 1.

The State of Telangana, represented by its Principal Secretary' Revenue ' D;;;til;"i t negisiration and Stamps), -S-ecretariat Hvderabad' 2.

Commissioner and rnspecioiC-eneiSf iithLgistration dnd Stamps, Telangana State.

Hvderabad ihe l"iritEun:Registrar, Warangal (R.o) at Hanumakonda ...RESPONDENTS Petition under Article 226 of the constitution of India 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 ofMandamusdeclaringtheactionoftheRespondentNo.3refusingtoreceive, register and release the sale deed/deeds presented by the petitioner in respect of residential plots No.

1,2,3,5,26,2930 and 31 covered in the land related to H No' 1-56(old),2g-1-16(new)inSyNo.60/1/AofChintagattuVil|age,Hasanparthy Mandal, Hanumakonda District as illegal, arbitrary, without jurisdiction, contrary to the provisions of the lndian Registration Act, 1908 and in violation of Article 14 of the constitution of lndia and consequently direct the Respondent No.3 to receive, register and release the sale deeds presented by the petitioner in respect of the above residential plots without reference to Memo No.

G2125712019 dated.

26-8- 2020 issued by the second respondent. il2il 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 direct the Respondent No. ondent No.3 to receive, register and release the sale deed/deeds presented by the petitioner in respect of residential plots No.

1,2,3,5,26,29,3O and 31 covered in the land related to H.

No.

1-56 (old), 29-1-16 (new) in Sy No.

60/'llA of Chintagattu Village, Hasanparthy Mandal, Hanumakonda District without reference to Memo No.

26-8-2020 issued by the second respondent pending disposal of the main writ petition.

Counsel for the Petitioner: SRl.

GADI PRAVEEN KUMAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER / / I THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY Heard both sides and perused the materiai 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 passed by this Court in W.P, No.32B of 2022 and batch dated L8.02.2O22 as modified by the order dated 22.02.2022 in I.A.-N-o.2 of 2022 in W.P.

No.29B5 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 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, 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, tr.ansfer and gift etc., presented for registration by the petitioner/s without reference to the Vlemo Nos.G2/25712019 dated 26.08.2020 and 29.L2.2O20 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, WRIT PETITION No.22287 of 2022 ORDER: I 2 G,lJ.

I 2 G,lJ.*- 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 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 2O2l filed by the State Government before the Hon'ble Supreme Court; and (iii) in case, it is found that there is any violation of .l.aw 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 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 encumbra nce record, website etc.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed, ,TRUE COPY// SD/-T.TIRUMALA DEVI ASSISTANT REGISTRAR .l SECTION OFFICER 1 To, 2 Ill". l1t1giqq t Secreta ry, Reven ue Depa rtment ( Reg istration a nd Sta mps).

State^of I elangana.

Secretariat, Hyderabad.

The Commissioner and lnspector General of Registration and Stamps, Telangana State, Hyderabad \ \r 3.

The Joint Sub-Reqistrar, Waranqal (R.O) at Hanumakonda' 4.

One CC to Sri Ga--di Praveen Kumar, Advocate [OPUC] S. two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 6.

Two CD CoPies 7.

One Spare CoPY CHR ZBS 4' I !

HIGH COURT DATED:2810412022 ORDER -r3a J; -) W.P.No.22287 of 2022 :l lBFlii i;r:: 'rt '- \ ff*-l DISPOSING OF THE WRIT PETITION WITHOUT COSTS, v 1*\, \ .t ' ..,;, 0