Pettem Thirupathi v. The State Of Telangana
[3183 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THI THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 14341 OF 2022 Between:
Pettem Thirupathi, S/o Posham, Occ. Business, R/o.H Bellampally, Mancherial District.
No.20-4-5, Ashok Nagar,
...Petitioner
AND l.
The State ofTelangana, Rep. by its Principal Secretary to Govt., Stamps and Registration Department, Secretariat, Hyderabad, T.S. The Commissioner and Inspector General of Registration and Stamps, MJ Market, Hyderabad, TS.
The Sub-Registrar, Luxettipet, Mancherial District.. ,Respondents Petition under Article 226 of the Constitution of India 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 declaring the action of the action of the 3'd respondent in not receiving, registering and releasing the sale deeds presented by the petitioner in respect of the house plot admeasuring 355 sq. yards out of 1600 sq. yards forming part of Sy. No.5/l situated at Peddanapally Village, Kasipet Mandal, Mancherial District covered by registered sale deeds vide Doc. Nos. 1356 and 135912019 dt.25l05/2019 without reference to memo of the 2nd respondent bearing No.G2l2 5712019 dt.
26lOg/ZO2O IA NO: I OF 2022 Petition under Section l5l CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to direct the 3'' respondent to receive, register and release the sale deeds presented by the petitioner in respect of the house plot admeasuring 355 sq. yards out of 1600 sq. yards forming part of Sy. No.5/l situated at Peddanapally Village, Kasipet Mandal, Mancherial District covered by registered sale deeds vide Doc. Nos. 1356 and 1359/2019 dt.Z5/05/ ZOlg without reference to memo of the 2nd respondent bearing no.G2l257/zolg dt.
Counsel for the Petitioner:
Counsel for the Respondents:
SRI. P LAKSHMA REDDY GP FOR REVENIIE The Court made the following ORDER:
p , HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.14341 OF 2022 ORDER:
Heard both sides and perused the material on record.
2. 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 l.A. No,2 of 2022 in W.P. No.2985 o'f 2022 and batch, as such, this writ petition may be disposed of in terms thereof.
3. Therefore, 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 ot 2022 in W.P. No.29B5 of 2022, in terms thereof, 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 Memo Nos.G2125712019 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and lnspector Generat 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 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 ot 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.19695 o'f 2021 . To that effect, an endorsement shall be made on the reverse srde 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 SD K.AMMA]I REGISTRAR //TRUE COPY// z_ SECTION FFICER To, l. The Principal Secretary to Govt., Stamps and Registration Department, State Of Telangana, Secretariat, Hyderabad, T.S.
2. The Commissioner and Inspector General of Registration and Stamps, MJ Market, Hyderabad, TS.
3. The Sub-Registrar, Luxettipet, Mancherial District..
4. One CC to Sri P Lakshma Reddy Advocate IOPUC]' - '
5. Two CC to GP for Revenue, High Court for the State of Telangana. [OUT]
6. Two CD copies
HIGH COURT B\R.J DATED:3710312022 iilE slArd -,.-e e Jo O r16 MAY 2022 I
ORDER
WP.No.1434l of 2022 WRIT PETITIONS IS DISPOSED OF AS NO COSTS