Bathula Ramana v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT P TITION NO: 1173 oF 2022 Between:

Bathula Ramana, Wo. Rajaiah, aged about 29. years, r/o.H.No.2-30, Maddikunta Village, Musthabad Mandal, Rajanna Sircilla District. ...PETITIONER AND 1 . The State of Telanqana, rep. by its Principal Secretary, Department of Revenue (Stamps and Regislration;, Seiretariat, Hyderabad

2. The Commissioner and lnspector General of Stamps and Registration' Moazzam Jahi Market, Hyderabad.

a. fniSuO-Registrar, Sircilla, Sircilla Town' Rajanna Sircilla District, Telangana State.

...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 a writ of mandamus or any other appropriate writ, order or direction declaring the action of the 3rd respondent herein in refusing to receive, register and release the sale deed presented by the petitioner in respect of plot bearing No.12'1 to an extent of 134 Sq.yards in Sy.Nos.89, 92 and 195, situated at Maddikunta village of Musthanabad Mandal, Rajanna Sircilla District, on the ground of Memo bearing No' G2t25712019 Dated 26-08-2020 and 29-12-2020 issued by the 2nd respondent as illegally, arbitrary, without jurisdiction, contrary to the provision of Registration, Act 1908 and violation of Article 14 of constitution of lndia and consequently direct the respondent No.3 to receive, register and release the documents in favour of the petitioners without reference to Memo bearing No G2l25712019 daled ?9-12-2020 issued by the 2nd 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 direct the respondent No.3 to receive, register and release the documents in favour of the petitioner in respect of plot bearing No 121 to an extent of 134 Sq.yards in Sy Nos 89, 92 and 195, situated at Maddikunta village of Musthanabad Mandal, Rajanna Sircilla

Distiict, without reference to Memo bearing No G2l257l2019 dated 29-12-2020 issued by the 2nd respondent, pending disposal of the main writ petition Counsel for the Petitioner: SRl. MADAS BHARATH CHANDRA Gounsel for the ResPondents: AGP FOR REVENUE The Court made the following: ORDER

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.1l73 oF 2022 oRpER(ORAL):

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 ar'd batch-dated 18.02.2022 as modified by the order dared 22.02.2022 in I.A. No.2 of 2022 in W.P. No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serve any pulpose, as such, the same may be disposed of in terms thereof'

3. This Court passed interim order in this writ petition directing the respondents to receive, process' register and release the subject document/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition.

4. In view of the above, recording the aforesaid submission of the learned counsel on either side, 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 l.A. No.2 of 2022 in W.p. No.29g5 of 2022., in terms thereof, this writ petition is disposed of as under, without any order as to costs:

(A) Ifthe subject document/s has/have already been registered and released pursuant to the interim order;

(i) the documenVs registered by the Sub-Registrar shall be subject to outcome of SLp (Civil) No.19695 of 2021 filed by the State Govemrnent before the Hon,ble Supreme Court; and (ii) in case, it is found that there is an1, 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.l969}of 2021. To that effect, an i.t_

endorsement shall be made in the encumbrance record, website etc.

(B) If the subject document/s is/are not yet registered and released pursuant to the interim order;

(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 Memo Nos. G2l257 I 20 1 9 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TPAIMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Muniiipai Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal t I 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 Govemment before the Hon'ble Supreme Court; and (iii) in case, it is found that there is any violation of law like plots i 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 petitions, if any, pending in this writ petition stand closed.

DIK.AMMAJI ASSIST REGISTRAR \ //TRUE COPY// SE, N OFFICER To, 'l , The Principal Secretary, Department of Revenue (Stamps and Registration), State of Telangana, Secretariat, Hyderabad.

2. The Commissioner and lnspector General of Stamps and Registration, Moazzam Jahi Market, Hyderabad.

3. The Sub-Registrar, Sircilla, Sircilla Town, Rajanna Sircilla District, Telangana State.

4. One CC to SRl. MADAS BHARATH CHANDRA Advocate [OPUC]

5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. [oUT]

6. Two CD Copies

7. One Spare Copy MMA SB t - ,=':-.>--

HIGH COURT DATED:0310312022 TA ra S r !t

ORDER

Jor) WP.No^1173 ot 2022 1 3 iriN tr"r a .|, a'

:"i () 1'

DISPOSING OF THE WRIT PETITION WITHOUT COSTS t,ot\s W @