P. Venkataiah Venkateswarlu Venkati vs The State of Telangana and 4 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY Betwee n: AND 1.

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

2.

The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad.

3.

The Sub-Registrar, Khammam Urban Mandal, Khammam, Khammam District.

4.

The Joint Sub Registrar, Khammam Urban-l lvlandal, Khammam, Khammam District.

5.

The Sthambhadri Urban Development Authority, Represented by its Vice chairman' Khammam' Khammam District ...RES'.NDENT' 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 Writ or direction preferably Writ of N,4andamus, declaring the action of Respondent No.3 and 4 in not receiving, registering and releasing the sale deeds that may be presented by Petitioner in respect of Plots in Sy.

No.3'1 1/A2 (31112 as per land conversion) and 3121E (31214 as per land conversion), Plot No.B3 admeasuring 240Sq. yards, Plot No.B4 admeasuring 199Sq. yards, Plot No.85 admeasuring 160 Sq. yards, Plot No.86 admeasuring 120 Sq. yards, Plot No.87 admeasuring 83.00 Sq. yards, Plot No.BB admeasuring 42 Sq. yards, Plot No.141 admeasuring 240 Sq. yards, Plot No.142 admeasuring 240 Sq. yards, Plot No.143 admeasuring 240 Sq. yards, Plot No.144 admeasuring 240 Sq. yards, Plot No.145 admeasuring 240 Sq. yards, Plot No.146 admeasuring 240 Sq. yards, Plot No.147 admeasuring 240 Sq. yards, Plot No.148 admeasuring 240 Sq. yards, Plot No.149 admeasuring 240 Sq. yards, Plot No.150 admeasuring 240 Sq. yards, Plot No.151 admeasuring 240 Sq. yards, PIot No.152 admeasuring WRIT PETITION NO: 22971 OF 2022 P.

Venkataiah @ Venkateswarlu @ Venkati, Sio.

Aged 66 years, Occ.

Business, R/o. ness, R/o.

Kaikondayagudem Village, Khammam Rural Mandal, Khammam District' ...pETrroNER 240 Sq. yards, Plot No.153 admeasuring 240 Sq' yards' Plot No 154 admeasuring 240Sq.yards,PlotNo.l55admeasuring240Sqyards'PlotNol56admeasuring 240 Sq. yards, Plot No.157 admeasuring 240 Sq yards' Plot No 158 admeasuring 240 Sq. yards, Plot No.159 admeasuring 240 Sq yards' Plot No 160 admeasuring 240Sq.yards,PlotNol68admeasuring240Sq'yards'PlotNol69admeasuring 240 Sq. yards, Plot No.171 admeasuring 240 Sq' yards' Plot No 173 admeasuring 240 Sq. yards, Plot No.174 admeasuring 240 Sq' yards' situated at KaikondayagudemGramPanchayat,MallemaduguRevenueVillage'Mallemadugu Village,KhammamRuralMandal,KhammamDistrict'asillegal'arbitraryand violativeofprinciplesofnaturaljusticeandconsequentlydirecttheRespondent No.3 and 4 to receive, register and release the sale deeds that may be presented bythePetitionerinrespectofsub.jectpropertieswithoutreferenceoftheMemo No.G2l25Tl2Olgdated26loEt2o2oissuedbytheRespondentNo.2, IANO:1OF 2022 Petition under Sectlon 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 theRespondentNo.3and4toreceive,registerandreleasethesaledeedsthat may be presented by Petitioner in respect of Plots in Sy No 311lA2 (31112 as per land conversion) and 3121E (312t4 as per land conversion)' Plot No 83 admeasuring 240Sq. yards, Plot No 84 admeasuring lggSq yards'Plot No 85 admeasuring 160 Sq. yards, Plot No 86 admeasuring 120 Sq yards' Plot No'87 admeasuring 83.00 Sq. yards, Plot No BB admeasuring 42 Sq yards' Plot No 141 admeasuring 240 Sq. yards, Plot No 142 admeasuring 240 Sq yards' Plot No 143 admeasuring 240 Sq. yards, Plot No'144 admeasuring 240 Sq yards' Plot No 145 admeasuring 240 Sq. yards, Plot No'146 admeasuring 240 Sq yards' Plot No 147 admeasuring 240 Sq. ng 240 Sq. yards, Plot No'148 admeasuring 240 Sq yards' Plot No 149 admeasuring 240 Sq' yards, Plot No"150 admeasuring 240 Sq' yards' Plot No 15'1 admeasuring 240 Sq. yards, Plot No 152 admeasuring 240 Sq' yards' Plot No 153 admeasuring 240 Sq. yards, Plot No 154 admeasuring 240 Sq yards' Plot No'155 admeasuring 240 Sq. yards, Plot No 156 admeasuring 240 Sq yards' Plot No.157 admeasuring 240 Sq. yards, Plot No'158 admeasuring 240 Sq yards' Plot No 159 admeasuring 240 Sq. yards, Plot No'160 admeasuring 240 Sq yards' Plot No 168 admeasuring 240 Sq. yards, Plot No'169 admeasuring 240 Sq yards' Plot No 171 / admeasuring 240 Sq. yards, Plot No.'1 73 admeasuring 240 Sq yards, Plot No.174 admeasuring 240 Sq. yards, situated at Kaikondayagudem Gram Panchayat, Ir/allemadugu Revenue Village, Mallemadugu Village, Khammam Rural Mandal' Khammam District, without reference of the Memo No G2125712019, dated 26tOBt2O2O, issued by the Respondent No.2, pending disposal of the main writ petition, in the interest of justice Counsel for the Petitioner: SRI M V HANUMANTHA RAO Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER .J THE HON,BLE SRI 'USTICE B' VIJAYSEN REDDY ORDER Heard both sides and perused the material on record' 2.

It is submltted 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 l8'O2'2O22 as modified by the order daled 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 18 '02 '2022 in W.P.

No.328 of 2022 and batch as modified by the order dated 22.O2.2O22in 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' transfer and gift etc' gift etc'' presented for registration by the petitioner/s without reference to the Memo Nos'GZl257l2OI9 dated 6.08.2020 and 29.12'2020 issued by the respondent 2 and StamPS, Registration No,45lTPlN the Commissioner and lnspector General of Telangana; Letter MC/2019 dated 01'1112019 issued by the respondent - the Commissioner' Municipal Corporation' 2 Nizampet to the re.spondent - 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 2021 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. 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 stlbject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2027.

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 petitions, if any, pending i35,1+sl?ffii:"Ht[ "/ 'TRUE GOPY// cy' SECTION OFFICER rhePrincioalSecretary,Revenue(stampsandRegistration)'stateof +fr 5 tt"fl fl iSl#:?.:ffi , HJ;J,f,t" n ",.ur or Res i strati o n a n d sta m ps, Telangana, HYderabad Contd ..

1 To, Z ln the writ petition shall stand closed. t r ^/ 3.

The Sub-Registrar, Khammam Urban lVandal, Khammam, Khammam ,/ D istrict.

The Joint Sub Registrar, Khammam Urban-l Mandal, Khammam, Khammam District.

5. strict.

The Vice Chairman, Sthambhadri Urban Development Authority, Khammam, Khammam District.

6.

One CC to Sri M V Hanumantha Rao Advocate [OPUC] 7.

Two CCs to GP For Revenue, High Court for the State of Telangana. louTl 8.

Two CD Copies 9.

One Spare Copy rUBC "1.

HIGH COURT DATED: 2910412022 i I x {.i-, !,i r05 MAY 2022 .li ORDER WP.No.22971 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I w