Ravinder Kumar Agarwal v. The State Of Telangana
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO:22156 OF 2022 Between:
Ravinder Kumar Agarwal, S/o. Late. Badrilal Agarwal, Occ- Business, R/o H.No 8-2293l82NCll, Plot No. l, Huda Layout, Nandagiri Hills, Hyderabad-500033, Telangana.
...Petitioner
ANDL The State ofTelangana, Rep. by its Principal Secretary to Govt., Revenue (Registration) Department, Secretariat, Hyderabad.
2. The Commissioner and Inspector General of Registration and Stamps, at Hyderabad, Telangana State
3. The District Registrar, Registration and Stamps, Ranga Reddy District. At, L.B Nagar, Hyderabad
4. The Sub- Registrar, Registration and Stamps, Shadnagar (141 l). '...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 pleased to issue Writ, order or direction more particularly Writ of Mandamus declaring the action of Respondent No. 2 in issuing Memo No. G2/257/2019 dated 26.08.2020 as illegal, arbitrary, without jurisdiction and contrary to the provisions of the Registration Act 1908 and in violation of Article l4 ofConstitution of India and consequently, direct the Respondents to receive, register and release the documents of sale/mortgage/lease and other deeds ofconveyance submitted by the Petitioners with respect to plot No. I l6 (East Part) admeasuring 160 Sq.yds, in Survey No.
34llUU situated at Kothur Village and Gram Panchayat, Kothur Mandal, Ranga Reddy District; 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 release the documents of sale/mortgage/lease and other deeds of conveyance submitted by the Petitioner with respect to plot No. I l6(East Part) admeasuring 160 Sq.yds in Survey No.
Counsel for the Petitioner:
SRL ARUVA RAGHURAM MAHADEV Counsel for the Respondents: ASST GP FOR REVENUE The Court made the following ORDER:
t THE HON'BLE SRI JUSTICE B. VI]AYSEN REDDY WRIT PETITION NO.22156 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.32B of 2022 and batch dated L8.02.2022 as modified by the order daled 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.32B 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 without reference to the Memo Nos.G2/257 /2019 dated 26.08.2020 and 29.72.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNMC/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 of 2027 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 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 writ petition shall stand closed.
sD/- ASS in the MAJI GISTRAR -..
/iTRUE COPY/I SECTI FFICER To'
L The Principal Secretary to Govt., Revenue (Registration) Department, State of Telangana, Secretariat, Hyderabad.
2, The Commissioner and Inspector General of Registration and Stamps, at Hyderabad, Telangana State
3. The District Registrar, Registration and Stamps, Ranga Reddy District. At, L.B Nagar, Hyderabad ..* .
4. The Sub- Registrar, Registration and Stamps, Shadnagar (141l).
5. One CC to Sri Aruva Raghuram Mahadev Advocate [OPUC]
6. Two CC to GP for Revenue, High Court for the State of Telangana. [OUT]
7. Two CD copies
HIGH COT]RT BVRJ DATED:2810412022 ;r" l, !-A t "^ ( 'v .b i 1 o ttr''r
ORDER
i:
( J I WI'.No.22156 of 2022 WRIT PETITION IS DISPOSED OF AS NO COSTS