Sri Maddula Narsimha Reddy vs The State of Telangana and 2 others

Between: Sri Maddula Narsimha Reddy, S/o.

M.Bhagi Reddy, Aged about 63 years, Occ Business, Rl/o.

H.No.

7-2'-1212, Old Village, Bairamalguda, Ranga Reddy District. ...PETITIONER HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) THURSDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITIO N NO: 23522 OF 2022 The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Slamps) Depdrtment, Sdcretariat Building, Hyderabad.

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

The Sub-Registrar, Bairamalguda, Sagar Ring Road, Ranga Reddy District AND 1 2 3 ..,RESPONDENTS Petition under Article 226 ot 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 Mandamus, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the petitioner in respect of the Plot No.

14, admeasuring 218 Sq-Yrds, in Sy.Nos.

22 and 23, situated at Kharmanghat Village, Saroornagar Mandal, Ranga Reddy District, Telangana State, on the basis of MemoNo.G21257l2O19, issued by the 2nd respondent as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article '14 of Constitution of lndian and consequently to direct the 3rd respondent to receive, register and release the sale deed presented by the petitioner in respect of above said property, notwithstanding the lvlemo No.G2125712019, issued by the 2nd respondent.

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 to receive, register and release the sale deed presented presented by the petitioner in respect of the Plot No.

14, admeasuring 218 Sq.Yrds, in Sy.Nos.

22 and 23, situated at Kharmanghat Village, Saroornagar Mandal, Ranga Reddy District, Telangana State, without reference to Memo No.G2125712019, issued by the 2nd respondent, during the pendency of the above writ petition.

Counsel for the Petitioner: SRI METTU SHANKAR Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER lA NO: 1 OF 2022 THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION No.23522 of 2022 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 passed by this Court in W.P.

No.328 of 2022 and batch dated 7A.A2.2022 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 L8.02.2022 in W.P.

No.328 of 2022 and batch as modified by the order dated 22.02.20.22 in I.A.

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., presented for registration by the petitioner/s without reference to the lvlemo Nos.c2/257/2079 dated 26.O8.2020 and 29.72.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNl"1Cl2019 dated 01.11.2019 issued by the respondent - the Commissioner, Ivlunicipal Corporation, !

ORDER: t 2 in the 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 flrst page of the document referr ent 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 proyisions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2O2L.

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 writ petition shall stand closed. \ 1 The Principal Secretary, Revenue ( State of T6langana Secretariat Buil Registration and Stamps) Department, ding, Hyderabad.

The Commissioner and InsP Telangana State at HYderab 3.

The Sub-Registrar, Bairamalguda, Sagar Ring Road, Ranga R 4.

One CC to SRI METTU SHANKAR Advocate IOPUCI ,TRUE COPY// ector General of Registration and Stamps, ad.

SDI K.

AMMAJI ASSISTANT REGISTRAR .li, SECTION OFFICER 2 eddy District To, 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 \-),", HIGH COURT DATED:0510512022 ORDER WP.No.23522 ot 2022 DISPOSING OF THE WRIT PETITION \ 1trE srAlF.

12 trt[\ ?fl * osspAr * q Joo z Ci: WITHOUT COSTS.