N.Chandranna vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDOY WRIT PETITION NO:21934 OF 2022 Between: N.Chandranna, Occ.

Ag ricu ltu re, District W/o Late Chinna Govindu, Aged Ri./o.P.No.41, B.C.colony, Gadwal, about 44 Jogulamba Years, Gadwal ...PETITIONER AND 1.

The State of Telangana, Rep by its Principal Secretary, Revenue Department (Stamps and Registration) Secretariat, Hyderabad.

2.

The Commissioner and lnspector General of Registration and Stamps, D.No.5-3-953, NizamShahi Road, Mozamzahi Market, Heza Estate, Risala Abdullah Colony, Jambagh, Hyderabad, Telangana 500095 3.

The Sub-Registrar, Gadwal, Jogulamba Gadwal 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 appropriate writ, order or direction more particularly one in the nature of writ of MANDA[\/US declaring the action of the 3rd respondent herein in refusing to receive, register and release the documents in respect to plot Nos.133, 134, 1341A, 136, 137 and 1371A in total 6 plots in Sy No.453/1 situated at Timmapur Village, ltikyala Mandal, Jogulamba Gadwal District by referring the Memo No.G2l25712019 Dated 26.08.2020 issued by the Respondent No.2 as being illegal, arbitrary, violation of provisions of the registration Act, 1908, discriminatory and unconditional contrary to law and violative of Article 14 and 21 of Constitution of lndia.

THURSDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO / IA F 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 3rd Respondent receive, register and release the documents in respect to plot Nos.133, 134, 1341A, 136, 137 and 1371A in total 6 plots in Sy No. in Sy No.453/1 situated at Timmapur Village, ltikyala Mandal, Jogulamba Gadwal District without referring the Memo No.G2l257/2019 Dated 26.O8.2020 issued by the Respondent No.2.

Counsel for the Petitioner: SRI PRAVEEN KUMAR CHALLA Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER // I THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.21934 of 2022 ORDER: Heard both sides and perused the material on record.

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.328 of 2022 and batch, dated 18.02.2022, as modified by the order, dated 22.02.2022, in I.A.No.2 ol 2022 in W.P.No.2985 ol 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 sa1e, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo No.G2l257 l2Ol9, dated 26.08.2020, issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; (ii) the Sub-Registrar 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 i 2 outcome of SLP (Civil) No.

19695 of 2O2I filed 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. of F.T.L. and Buffer Zone lPlots having iess than 30 feet road width access, the Sub-Registrar sha11 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 ol 2O2t.

To rhat effect, an endorsement shal1 be made on the reverse side of the lirst/ second page of the document and also in the encumbrance record. website etc.

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

SD/.

T.JAYASREE ASSISTANT REGISTRAR SECTION OFFICER To, //TRUE COPY' 1.

The Principal Secretary, Revenue Department (Stamps and Registration) State of Telangana, Secretariat, Hyderabad.

The Commissioner and lnspector General of Registration and Stamps, D.No.5-3-953, NizamShahi Road, Mozamzahi Market, Herza Estate, Risala Abdullah Colony, Jambagh, Hyderabad, Telangana 500095 3.

The Sub-Registrar, Gadwal, Jogulamba Gadwal District 4.

One CC to SRI PRAVEEN KUMAR CHALLA Advocate [OPUC] 5.

Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad . [OUT] 6.

Two CD Copies.

7.

One spare copy.

NPJ -t}y' HIGH GOURT DATED:2810412022 oi{ 1HE SI4 ( oo 13 r, ORDER WP.No.21934 of 2022 1i( .o ;f i. -, i,'rf; DISPOSING OF THE WRIT PETITION WITHOUT COSTS. "a,,J \.