Erabati Venkateshwar Rao vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Between: Erabati Venkateshwar Rao, S/o.

I\,4anohar Rao, Age 55 years, Occ: Agriculture, R/o.H.No.2-5-3, Sri Ram Nagar, lVandal Peddapalli, Dist.

Peddapalli. ...PETITIONER AND 1.

The State of Telangana, Rep. by its Principal Secretary Stamps and Registration Department, Secretariat Buildings, BRKR Bhavan, Tank Bund, Hyderabad.

2.

The Commissioner an d lnspector General of Registration and Stamps, Ir/.J.lVarket, Hyderabad, Telangana State.

3.

The Sub Registrar, Peddapalli, Dist.

Peddapalli. ...RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus or any other appropriate writ or order or orders declaring the action of Respondent No.3 in not receiving, registerlng and releasing the sale deeds presented by this petitioner in respect of Plots bearing No.1, 2, 3, 4, 5,6,7,7lA, B, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,22, 23, 24, 25, 26, 27, 28, 29, 30, 3'1 and 32 in land bearingSy.No.

1O84lcla to a total extent of Ac.2.20 Gts, situated at Raghavpur Village, IVlandal Peddapalli, Dist.

Peddapalli on the ground of [/emo bearing no.G2125712019 dt 26-08-2020 and 29-12-2020 issued by respondent No.2 as being arbitrary, vindictive, illegal, violative of Articles 14, 16 and 21 of the Constitution of lndia and against to the principles of Natural Justice, and consequently direct the Respondent No.3 herein to receive, register and release the sale deeds presented by the Petitioners without reference to the TUESDAY ,THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO WRIT PETITION NO: 21116 OF 2022 Memo Bearing No.c2l257l2o19 dt 26-08-2020 and 29-12-2020 issued by the Respondent No.2. dent No.2. lA NO: 1 OF 2022 Petition under section 15'l cpc praying that in the circumstances stated in the affidavit filed in support of the peti on, the High court may be pleased to direct the Respondent No.3 herein to receive, register and release the sale deeds presented by [he Petitioner in respect plots bearing No.1, 2, 3, 4,5, 6, T, 7tA, B, 9, 10, 11, 12, 13, 14, 15, 16, 17,18, 19, 20, 21 , 22, 23, 24, 25, 26, 27, 28.

29,30, 31 and 32 in land bearing sy.No.1084/c/a to a total extent of Ac.2.20 Gts, situated at Raghavpur Village, Mandal peddapalli, Dist. peddapalli without referehce to the lvlemo Bearing No.G2t2sil2o19 dt 26-08-2020 and 29-12-2020 issued by the Respondent No.2 pending disposar of the above writ petition.

Counsel for the Petitioner : SRl.

KONDADI AJAY KUMAR Counsel for the Respondents : AGp FOR REVENUE The Court made the following : ORDER I THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.211L6 of 2O22 ORDER: 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 dated 22.02'2022 irt' I'A' No'2 of 2022ioW.P.No.2gS5ol2022andbatch,assuch,thiswritpetition may be disposed of in terms thereof 3.

Therefore, following the common order dated 18 'O2 '2022 passed by this Court 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 and batch, in terms thereof, this writ petition is disposed of as under without any order as to costs: (i) The respondent - Sub-Registral 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 26.08.2O20 and 29.12. and 29.12.2020 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' L ) \ subject to the petitioner(s) complying with the provisions of the Indian Registratron Act, 1908, and Indian Stamp Act, 1899.

It 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 arld communicate the said decision to the petitioner(s): (ii) the respondent - Sub-Registra-rs in the State shall mal<e 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 ol 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 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 encumbrance record. website etc.

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

SD/-N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER 1.

OFFICER 1.

The Principal Secretary Stamps and Registratlon Department, State of Telangana,Secretariat Buildings, BRKR Bhavan, Tank Bund, Hyderabad.

The Commissioner an d lnspector General of Registration and Stamps, It4.J.l\/arket, Hyderabad, Telangana State. l To, I 3.

The Sub Registrar, Peddapalli, Dist' Peddapalli' ; o;; cC to 5nt.

KoNDADI AJAY KUMAR' Advocate' IoPUC] 5.

Two CCs to GP FOR REVEN-UE High Court for the State of Telangana at Hyderabad. [OUT] 6.

Two CD CoPies 7.

One SPare CoPY SB BSz LJ HIGH COURT DATED:2 610412022 ORDER WP.No.21116 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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