Bejjanki Bhaskara Chary v. The State Of Telangana And 2 Others
[ 3166 I HIGH COURT FOR THE STATE OF TELANGANA AT I{YDERABAI) (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOTJRABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 2183I OF 2022 Between:
Bejjanki Bhaskara Chary, S/o. Pitchaiah, Occ. Business, R/o. Kudakuda Village, Chivvemula Mandal, Suryapet, Nalgonda District.
AND
...Petitioner
l. The State ofTelangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The Commissioner and Inspector General of Stamps and Registration, Mojamjahi Market, Hyderabad.
3. The Sub Registrar, Stamps and Registration, Suryapet, Suryapet District.
...Respondents
Petition under Arricle 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.3 in not receiving, registering and releasing the documents/sale deeds in favour of the prospective purchasers produced by the Petitioner basing on the memo issued by the Respondent No.2 vide No.G2l257 /2019 dated 26108/2020 and amended memo No.c2/257/2019 dated 29/12/2020 for the unapproved plot bearing Nos.l to 6 in Sy No.298/EE/5 admeasuring an extent of 12826.00 sq. yards eq,al to 10724.
20 sq, meters situated at B Madharam village, Suryapet Town and District inspite of the order dated 2310g/zo2l passed by the Hon'ble High Court in WP No. 9248 of Z02l as illegal, arbitrary, unfair, against to the Principles of Natural Justice and violative of Article l4 and 300-A of the constitution of India and consequentially direct the Respondent No.3 to receive, register and release the documents/ sale deeds in favour of the prospective purchasers produced by the petitioner for the unapproved plot bearing No Nos.l to 6 in Sy. No.29glEEl5 admeasuring an extent of 12826.00 sq. yards equal to lo7z4.z0 sq.
IA NO: I OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the aflidavit filed in support ofthe writ petition, the High Court may be pleased to direct the Respondents No. 3 to receive, register and release the documents/sale deeds in favour of the prospective purchasers produced by the Petitioner for the plot bearing Nos.l to 6 in Sy. No.298/EE/5 admeasuring an extent of 12826.00 sq. yards equal to 10724.20 sq. meters situated at B Madharam Village, Suryapet Town and District without ref'erence to the Memo No.G2l257/2019 dated. 26/0812020 and amended memo No. GZ/25712019 dated.29/1212020 issued by the Respondent No.2; Counsel for the Petitioner:
SRI. RAMAKRISHNA K GP FOR STAMPS AI\D REGISTRATION Counsel for the Respondents:
The Court made the following ORDER:
HONOURABLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No. 21838 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 passed by this Court in W.P. No.328 of 2022 and batch dated 1a.O2.2O22 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, 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 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:
(i) The respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s, if document is otherwise in accordance with 1aw, without reference to the Memo .\ Nos.G2 /257 /2O19 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector i General of Registration and Stamps, Telangana; l,etter No.4S/TP/NMC/ 2Ol9 dated O1.11.2019 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 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 mal<e 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 (Civi1) 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.
t SD/.T,SRINIVAS ASSISTANT REGISTRAR 6, //TRUE COPY// SECTION OFFICER
,/ To, I . The. Principal Secretary, R€venue Depanment, State of Telangana Secretariat, Hyderabad.
2. The.Commissioner and Inspector General of Stamps and Registration, Mojamjahi Market, Hyderabad.
3,. Ihe S_u! Registrar, Stamps and Registration, Suryapet, Suryapet District.
4. One CC to Sri Ramakrishna K Advocate tOpUCl '
5. I:l9C to GP for Stamps and Registration, High Coun for the State of Telangana. lourl
6. Two CD copies
HIGH COI,'RT TVKJ T S I( DATED:29/0412022 d ol Jtttl ?02?
o.\ * t oEspatc
ORDER
WP.No.21838 of 2022 WRIT PETITION IS DISPOSED OF WITHOUT COSTS