Anthati Ramakrishna v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 22959 OF 2022 Between:
Anthati Ramakrishna, S/o. Anthati Chinna Hussen, Aged about 39 years, Occ: Business, Rl/o. H.No. 23-68, Valapatla, Achampet, Nagarkurnool District. Anthati Shivakrishna, S/o. Anthati Chinna Hussen, Aged about 37 years, Occ: Business, R/o. H.No. 23-68, Valapatla, Achampet, Nagarkurnool District. ...PETITIONERS AND The State of Telangana, ReP., bY its Department, Secretariat, Hyderabad.
Principal Secretary, Revenue of .Registration and StamPs, The Commissioner and lnspector General Telangana, Hyderabad.
3. The Sub- Registrar, Achampet, Nagarkurnool District ...RESPONDENTS Petition under Article 226 of lhe 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 Respondents No. 3 in refusingtoreceiveregisterandreleaSethesaledeedspresentedbythe Petitioner in respect of the Plot Nos. 12, 20, 21 (total 3 plots) out of land in Sy.No.322admeasuringAc.'1-04gtssituatedatAchampetvillage,Achampet Mandal, Nagarkurnool District in pursuant to the MEMO No. G2125712019, dated: 26.08.2020, issued by the office of the Respondent No.2, under Prohibition of registration of unauthorized plots and buildings against the Petitioners Plots, as arbitrary, illegal, without any jurisdiction contrary to the Provisions of the Registration Act 1908 and in violation of Article 1 4 of constitution of lndia and consequently direct the Respondents No.3 herein to receive register and release
thesaledeedspresentedbythePetitionerinrespectofhisland,withoUt reference to letter MEMO. No. G2t25712019, dated: 26-08-2020' issued by the officeoftheRespondentNo.2andgrantSuchotherretiefaSmaybedeemedjust and necessary in the circumstance of the case' IA NO:
OF PetitionunderSectionl5lCPcprayingthatinthecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to directtheRespondentNo.3toreceiveregisterandreleasetheSaleDeedis Presented by the Petitioner in respect of the Plot Nos 12' 20' 21 (total 3 plots) outoflandinSy.No.322admeasuringAc..l-04gtssituatedatAchampetvillage, Achampet Mandal, Nagarkurnool District, without reference to MEMO No' G2l257l2o1g. dated: 26-08-2020, issued by the office of the Respondent No 2' pendingdisposSl,oftheaboveWritPetitionandgrantsuchotherreliefasmay be deemed just and necessary in the circumstances of the case' Counsel for the Petitioners: SRl. K.NARSIMHA REDDY Counsel forthe Respondent Nos 'l to 3: GP FOR REVEUE The Court made the following: ORDER
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.22959 of 2O22
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 78.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 'O2 '2022 in W.P. No.328 of 2022 and batch as mbdified by the order dated 22.02.2022 in I.A. No.2 of 2O22 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.O8.2O2O and 29.!2.2020 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 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 ld\i/ 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 in the writ petition shall stand closed.
I SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Telangana, Revenue Department' Secretariat, HYderabad.
2. The commissioner and lnspector General of Registration and stamps, Telangana, HYderabad.
3. The Sub- Registrar, Achampet, Nagarkurnool District'
4. One CC to SRl. K'NARSIMHA REDDY Advocate IOPUCI S.TwoCCstoGPFORREVENUE,HighCourtfortheStateofTelanganaat Hyderabad. [OUT]
6. Two CD CoPies
7. One SPare CoPY (/ Mmr BS
HIGH COURT \ DATED: 2910412022 t i I _---_=:--:- N l-:
a) :lo (, t.: /
ORDER
sJ l\.
Ae2 WP.No.22959 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS r-'-