Donthi Reddy Anuradha v. The State Of Telangana
[3183 I HIGH COIJRT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 16356 OF 2022 Between:
Donthi Reddy Anuradha, W/o. Kashi Reddy, Occ. House wife, R/o. H.No.I-3-I6, Shanthinagar, Peddapal ly, Peddapal Iy District
...Petitioner
AND l.
The State ofTelangana, Rep. by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad.
The Commissioner and Inspector General of Stamps and Registration, Mozamjahi Market Road, Hyderabad-500001 .
The Sub Registrar, SRO Peddapally, Peddapally 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 niore particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in refusing to receive and register the Sale Deeds pertaining to the Petitioners in respect of PlotNos. l,2,3, 4,5,6,7,8,9, 10, ll, 12, 13, 14, 15, 16, and 17 in Sy.No. 222/A, to the extent acre 4.15 Gunts situated at Gowreddipet Village, Peddapally Mandal and District on the grounds of Memo No.G2/25712019 dated 2610812020 and Memo No.G2l257/2019 dated 29/12/2020 issued by 2nd Respondent as illegal, arbitrary and in violation of Orders in W.P.9248 of 2021 dated 23/0812021 and other Writ Petitions and consequently direct the Respondent No.
3 to receive, register and release the Sale Deeds pertaining to Plot Nos l, 2, 3, 4, 5, 6, 7, 8, 9, l0,l I,12,13,14,15,16 and l7 in Sy.No.222lAto the extent acre 4.15 Guntas situated at Gowreddipet Village, Peddapally Mandal District without reference to the Memo No.G2/25712019 dated 2610812020 and Memo No.G2l257/2019 dated 2911212020 issued by the Respondent No.
IA NO: 1 OF 2022 Petition under Section l5l CPC praying that in the circumstances stated in the affidavit filed in support ofthe writ petition, the High Court may be pleased to direct the Respondent No.3 to receive, register and release the Sale Deeds pertaining to Plot No.s.l, 2, 3, 4, 5, 6,7, 8, 9,10,11,12,13,14,15,16, and l7 in Sy.No.222lA to the extent acre 4.15 Guntas situated at Gowreddipet Village, Peddapally Mandal and District without reference to the Memo No. GZ/257/2019 dated 2610812020 and Memo No. G21257/2019 dated 29/1212020 issued by the Respondent No.2; SRI. AJAY KUMAR NERELLA ASST GP FOR REVENUE Counsel for the Petitioner:
Counsel for the Respondents:
The Court made the follorving ORDER:
HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.16356 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.32g of 2022 and batch dated 18.02.2022 as modified by the order dated \22.02.2022 in l.A. No.2 ot 2022 in W.p. No.29B5 ot 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 of 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 General of Registration and Stamps, Telangana; Letter No.45ffPlNMC/20'19 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 of 2021 filed by the State Government before the Hon'ble Supreme Court; and (iii) in case, it is found that there rs 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.1969 5 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.
sD/- B.
AT}II T R I //TRUE COPY// S OFFICER To'
L The Principal Secretary, Revenue Department (Stamps and Registration)' State of Telangana, Secretariat, Hyderabad.
2. The C-ommissioner and Inspector General of Stamps and Registration, Mozamjahi Market Road, HYderabad-500001 .
3. The Sub Registrar, SRO Peddapally, Peddapally District'
4. One CC to Sri Ajay Kumar Nerella Advocate [OPUC]
5. Two CC to GP for Revenue, High Court for the State ofTelangana' [OUT] 6, Two CD coPies
HIGH COI]RT B\'RJ DATED:3110312022 e IHE -sI1ir ,) iJt r") 1fi l\,1Y 202
ORDER
* t €spATCHs-O WP.No.16356 of 2022 WRIT PETITION IS DISPOSED OF WITHOUT COSTS