Smt. Soudarapally Rama v. The State Of Telangana And 2 Others
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 2066 OF 2022 Between:
Smt. Soudarapally Rama, Wo Bixapathi, Occ. Housewife, R/o. H.No.6-1/1, Peddapendyala Village, Dharmasagar Mandal, Hanumakonda District. ..Petitioner AND
1. The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad
2. The Commissioner and lnspector General of Registration and Stamps, Telangana State at Hyderabad.
3. The Joint Sub-Registrar, R.O., Warangal, Warangal District.
...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, Order or Direction, more particularly, one in the nature of Writ of Mandamus, by declaring the action of the 3'o respondent in not receiving and to register and release the sale deed presented by the petitioner in respect of the part of open Plot, admeasuring.200.00 Sq.Yards or 167.22 Sq.Meters, out of Sy.No. 192ltu8, of Bhattupally Revenue Village, Kazipet Mandal, within the limits of Greater Warangal Municipal Corporation, Hanumakonda District, Registration District Warangal, Telangana State, on the basis of Memo No.
G2125712019, 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 3'd respondent to receive, register and release the sale deed presented by the petitioner in respect of above said property, notwithstanding the Memo No.
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 3'd respondent to receive, register and release the sale deed presented by the petitioner in respect of the part of open Plot, admeasuring 200.00 Sq.Yards or 167.22 Sq.Meters, out of Sy.No. 1921A18, of Bhattupally Revenue Village, Kazipet Mandal, within the limits of Greater Warangal Municjpal Corporation,
Hanumakonda District, Registration District warangal, Telanqana state. without reference to Memo No.G2t2S7 t2019, issued by th; 2"d "rponO"nt, Orring in;
pendency of the above writ petition;
Counsel for the Petitioner(s): SRl. METTU SHANKAR Counsel for the Respondents: Gp FOR STAMPS AND REGTSTRATION The Court made the following:
ORDERT
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.2066 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 and batch dated 18.02.2022 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, and therefore, keeping matter pending will not serve any purpose, 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 leamed counsel on either side, following the common order dated I 8.02.2022 in w .p. No.32g of 2022 and batch as modified by the order dated 22.02.2022 in l.A. No.2 0f 2022 in w.p. No.2gg5 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 document/s registered by the Sub_Registrar shall be subject to outcome of SLp (Civil) No.19695 of 2021 filed by the State Govemment before the Hon,ble Supreme Court; and (ii) 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. _Ts-thar effect, an
,/ -) 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 Merno Nos.G2 /257 I 20 I 9 dated 2 6. 08. 2 020 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, 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'
I ) ( t (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 leet 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.
l SD/T.KRISHNA KUMAR ASSISTANT REGISTRAR //TRUE COPY// GD SECTION OFFICER
To, I I
1. The Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, State of Telangana, Hyderabad.
2. The Commissioner and lnspector General of Registration and Stamps, Telangana State at Hyderabad.
3. The Joint Sub-Registrar, R.O., Warangal, Warangal District.
4. One CC to Sri Mettu Shankar Advocate [OPUC]
5. Two CCs to GP for Stamps and Registration, High Court for the State of Telangana, Hyderabad [OUT]
6. Two CD Copies SWT
HIGH COURT DATED:0710312022 I I \ I I I i I o ,\ li + g AI]f; ?t??
ORDER
WP.No.2066 of 2022 l I WRIR PETITION IS DISPOSED OF WITHOUT COSTS.
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