Yellam Kala v. State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA (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: 2324 OF 2022 Between:

Yellam Kala, Wo Y.Dasaratha, Aged about 42 years, Occ: House wife, R/o. LIG 03, APIIC Colony, EC complex, Kushaiguda, Hyderabad. ...PETITIONER AND

1. State of Telangana, rep by its Principal Secretary, Revenue (stamps and Registration) Secretariat, Hyderabad.

2. The Commissinoer and lnspector General of Registration and stamps, Telangana, Hyderabad.

3. The Sub Registrar, Keesara, Medchal Malkajigiri 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 writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in refusing to receive, process, register and release the document for plot No 317 part and 318 extent 150 sq.yards in sy No. 15211 , 153118 and 15411 situated at Kundanpally village, Keesara Mandal, Medchal Malkajigiri District relying upon the memo issued by the respondent No. 2 vide G21257120'19 dated 26.8.2020 and clarification memo no. G2125712019 dated 29.12.

2020 as arbitrary and illegal and contrary to the provisions Registration Act 1908 and consequently direct the respondents to receive, process, register and release the document present by the petitioner for the open plot No. 317 parl and 318 extent'150 Sq.Yards in sy No. 15211,153118 and 15411 in survey No.

by the respondent No 2 vide G2125712019 daled 26.8.2020 and memo no. G21257 1201 9 dated 29.12.2020.

lA NO: 'l 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 sale deed in respect of vacant open plot No. 317 part & 318 extent 150 sq.yards in survey No. 15211 , 153/1 B and 1 54/1 situated at Kundanpally village, Keesara Mandal, Medchal Malkajigiri District without referring to the memo issued by the respondent No. 2 vide G2125712019 dated 19.12.1503 and clarification memo no. G2125712019 dated 29.12.2020 pending disposal of the above writ petition. Counsel for the Petitioner: SRl. GUDI MADHUSUDHAN REDOY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER

I{ONOURABLE SRI JUSTICE B. VIJAYSEN REDDY \\R.lT PETITION No.2324 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 the 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 petltlon.

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4. In view of the above, recording the aforesaid submission ol'the learned counsel on either side, following the common order dated I 8.02.2022 in W.P. No.328 of 2022 and batch as modifi ed by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P. No.2985 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-llegistrar 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. To that 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 Memo Nos. G2 I 257 / 20 | 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:

(ii) the Sub Registrars in the State shall make an endorsement at the reverse side ofthe first page ofthe 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 / lands / structures being sold form part I

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 wnt petition stand closed.

I SD/. T. TIRUMALA DEVI ASSISTAN REGISTRAR //TRUE COPY// SEC ICER To,

1. The Principal Secretary, Revenue (stamps and Registration) Department, State of Telangana, Secretariat, Hyderabad.

2. The Commissinoer and lnspector General of Registration and stamps, Telangana, Hyderabad.

3. The Sub Registrar, Keesara, Medchal Malkajigiri District.

4. One CC to SRl. GUDI MADHUSUDHAN REDDY Advocate

5. Two CCs to GP FOR REVENUE, High Court for the State o [OUTI

6. Two CD Copies

7. One Spare Copy PV GJP tf oPUCI Telangana w

HIGH COURT DATED: 0710312022 ttL s i-l U 5 SEP ?!1?

ORDER

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W.P.No.2324 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.