Sher Oddenna v. The State Of Telangana And 2 Others
[32ss I HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAI) (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF APzuL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 21198 OF 2022 Between:
Sher Oddenna, S/o Doddenna, Occ. Agriculture, R/o H.No. 4-l-1/lll0, Nallapochammagally, Armoor Village and Mandal, Nizamabad District
...Petitioner
ANDL The State ofTelangana, Rep. by its Principle Secretary, Stamps and Registration Department, Secretariat, Hyderabad.
2. The Commissioner and Inspector General, Registration and Stamps, Telangana State, Hyderabad.
3. The Sub Registrar, Stamps and Registration Department, Armoor, Nizamabad District-
...Respondents
Petition under Afticle 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 or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 3 in refusing to receive, register and release sale deeds in respect of the Plots bearing Nos. 22, 26 and 28 in Sy.No. 2043lAl2ll total admeasuring Ac.0-13gts situated at Armoor Village, Armoor Mandal, Nizamabad District by referring the Memo bearing No. G2/25712019 dated 26108/2020 and 29/lZ/2020 issued by the 2nd Respondent as illegal, arbitrary, unconstitutional and contrary to the provisions of Registration Act 1908 and also contrary to the orders passed by this Hon'ble Court and consequently direct the respondent No. 3 to receive, register and release the sale deed presented by the p€titioner in respect of the above said property without reference to the Memo bearing No G2125712019 dated 26/08/2020 and, 2911212020 issued by the 2nd Respondent;
IA NO: I 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 respondents to receive, register and releas€ the sale deeds presented before the 3rd respondent in respect of the Plots bearing Nos. 22,26 & 28 in Sy.No. 2043/A/Zll total admeasuring Ac.0-l3gts situated at Armoor Village, Armoor Mandal, Nizamabad District, without reference to the Memo bearing No.G2l 257/2019 dated 26/08/2020 and 2911212020i Counsel for the Petitioner:
SRL SRIKANTH KAVETI Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER:
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.21198 of 2022 ORDER:
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 dated 18.02.2022 passed by this Court 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.2985 of 2022 and batch, as such, this writ petition may be disppsed of in terms thereof.
3.
Therefore, following the common order dated 18.02.2022 passed by this Court in W.P. No.32B ol 2022 and batch 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, 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.G2 /257 /2019 dated 26.O4.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45ITP/NMC/ 2019 dated 01.11.2019 issued by the respondent - the \ t t Commissioner, Municipal Corporation, 2 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,
subject to the petitioner(s) complying with the provisions of the Indian Registration Act, 1908, and Indian Stamp Act, 1899. It is open to the Registering Authority to refuse/receive the document(s) presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner(s); (ii) the respondent - Sub-Registrars in the State sha-ll 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 2O2l filed by the State Government before the Hon'ble Supreme Court; and (iii) in case, it is found that there is any violation of 1aw like plots / lands / structures being sold form part of F.T.L.
and Buffer Zone / Plots having less than 3O 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 registratlon of the same is subject to outcome of orders of the Honble Supreme Court in SLP (Civil) No. 19695 of 2O2I. To that effect, an endorsement shall be made on the reverse side of the lirst / second page of the document and also in the encumbrance record, website etc.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition shall stand closed.
I i3t,!;ii,Ytg8,tyilH, Ct', //TRUE COPY// SECTION OFFICER
To, l. The Principle Secretary, Stamps and Registration Department, State ofTelangana, Secretariat, Hyderabad.
2. The Commissioner and lnspector Ceneral, Registration and Stamps, Telangana State, Hyderabad.
3. The Sub Registrar, Stamps and Registration Department, Armoor, Nizamabad District.
4. One CC to Sri Srikanth Kaveti Advocate [OPUC]
5. Two CC to GP for Revenue, High Court for the State of Telangana. [OUT]
6. Two CD copies
HIGH COURT NVSKJ DATED:.2710412022 T4 16:
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ORDER
* * .() PAT tYP.No.2l198 of 2022 WRIT PETITION IS DISPOSED OF WITHOUT COSTS