Sri Bandi Chandra Reddy vs. The State Of Telangana
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Order Issued After Hearing
Purpose:
Admission (Stamps And Registration )
Before:
Hon'ble B.Vijaysen Reddy
Listed On:
31 Mar 2022
Original Order Copy
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Order Text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction)
THURSDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO:16 201 0F 2022
Betwee n:
sri Bandi chandra Reddv, S/o. Sri Ram Reddy. Aged about 63 -years..occ: xlriJJiri" nro. r ruo z-z-,4112+, sii nu* Nagar coton-y, chilkanagar Road, Uppal. Itrl"e d ch a l- N/ a lk a jg iri District
...PETITIONER
AND
- 1 The State of Telangana. Rep by its Principal Secretary, .RevgluP -. -, (Registratron and Stamps) Department, Secretariat tsurldlng' HyoeraDao
- The Commissioner and lnspector General of Registration and Stamps' Telangana State at HYderabad. 2
- The Sub-Registrar, Narapally, Ivledchal-lvlalkajgiri District' 3
...RESPONDENTS
Petition under Article 226 of 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 l,4andamus, 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 ofthepieceandparcelofPlotNos.l2(2o5Sq.Yards),13(173Sq,Yards)'14 (216 Sq.Yards), 15 (261 Sq.Yards), 16 (305 Sq Yards), 17 (200 Sq Yards)' <sup>18</sup> Part (100 Sq.Yards), 19 (343 Sq.Yards) 25 (150 Sq Yards), 42 (150 Sq Yards)' 43 (150 Sq.Yards), 45 (137 Sq.Yards), 46 (150 Sq Yards), 47 (150 Sq Yards)' <sup>48</sup> (150 Sq.Yards),63 (150 Sq.Yards),64 (150 SqYards),65 (150 SqYards)' <sup>66</sup> (105 (164 Sq.Yards), 67 (211 Sq.Yards), 68 (150 Sq Yards)' 69 (150 Sq Yards)' 84- Sq.Yards), 85 (169 Sq.Yards), and 86 (195 Sq Yards)' total 25 Plots' in SurveyNoS.lTtParl,lBlPartand2olPart(sub-divisionNos.20/AA,17lAA-4, 17lAA-5, 2otA^' 17lA^.3, 1B/E, 171AA.2, 1B/A), totally admeasuring <sup>4434</sup> Sq.Yards.,or3T06.BSq.lvtrs.situatedat.Parvathpurvillage'underPeerzadiguda MunicipalCorporation,MedipallyMandal,Medchal-MalkajgiriDistrict'Telangana State, on the basis of Memo No G21257 l2O1 9' 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 the 3rd respondent to receive, register and release by the petitioner in respect of above said subiect the Memo No.G2t2572Al 9, issued by the 2nd and consequently to d irect the sale deed Presented property, notwithstanding respondent.
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 and release the sale deed direct the 3rd respondent to receive, register presented by the petitioner in respect of the piece and parcel of Plot Nos <sup>12</sup> (205 Sq.Yards), 13 (173 Sq,Yards), 14 \216 Sq Yards)' 15 (261 Sq Yards)' <sup>16</sup> (305 Sq.Yards), 17 (200 Sq.Yards)' 1B 25 (150 Sq.Yards), 42 (150 Sq.Yards), Part (100 Sq.Yards), 19 (343 Sq Yards) 43 (150 Sq Yards), 45 (137 Sq Yards)' 46 (150 Sq.Yards), 47 (150 Sq.Yards), 48 (150 Sq Yards), 63 (150 Sq'Yards)' <sup>64</sup> (150 Sq.Yards), 65 (150 Sq.Yards), 66 (105 Sq Yards), 67 (211 Sq Yards)' <sup>68</sup> (150 Sq.Yards),69 (150 Sq.Yards),84 (164 SqYards)' 85 (169 SqYards)' and 86 (195 SqYards)' total 25 Plots' in Survey Nos 17/Part' 1B/Part and 20/Part (sub.division Nos 20/AA, <sup>17</sup> ^N-4 ^17:ll] if'lr;J;',:'.:1'.-]".'.; 18/A), totally admeasuring 4434 Sq'Yards ' or' Parvathpur village' under Peerzadiguda t'lunicipal Corporation' Medipally Mandal, Medchat-Malkajgiri District, Telangana state, without reference to Memo No.G2l257l2019' issued by the 2nd respondent' during the pendency of the above writ Petition'
Counsel for the Petitioner : SRt' METTU SHANKAR CounselfortheRespondents:AGPFORREVENUE The Court made the following : ORDER
HONOURABLE SRI JUSTICE B' VIJAYSEN REDDY WRIT PETITION No. <sup>16201</sup> oF2<sup>022</sup>
ORDER:
Heard both sides and perused the material on record
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lt 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 18'02'2022 as modified by the order dated 22.02.2022 in lA' No'2 of 2022 in W P No'2985 oI 2022 and batch,assuch,thiswritpetitionmaybedisposedoftnterms thereof.
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Therefore, following the common order dated 18'02'2022 in W.P. No.32B of 2O22and batch as modified by the order dated 22.02.2022in l'A No 2 of 2022in W P No'2985 oI 2022' in terms theredf, 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.G2l257l2019 dated 26 OB'2O20 and 29 12'2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps' Telangana; Letter No.45/TP/NMC/2019 dated 0'1 'l'1 2019 issued bv the respondent - the Commissioner' Municipal Corporation' Nizampet to the respondent - the Sub Registrar' Quthbullapur, Ranga Reddy District' and simllar letters'
if any, issued by the various l,4unicipal 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.1 9695 oI 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 subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.1 9695 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 petitions, if any, pending in this writ petition stand closed
//rRUE COPY' ^rr,sil*Tt?t,#H 6D SECTION OFFICER
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To,
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The Principal Secretary, Revenue (Regjstration and Stamps) Department, Secretariat Building, State of Telangana, Hyderabad. 1
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The Commissioner and lnspector General of Registration and Stamps, Telangana State at Hyderabad. 2
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3
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4
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ffi]i.ffil'll#Iu:if'H'$1ilj,li 'rreansanaa'l 5
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- Two CD CoPies
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- One SPare CoPY
TR a
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
WP.No.16201 of 2022
ORDER
', DATED:3110312022 I
BVR,J
HIGH COURT