A. Somiredy v. The State Of Telangana
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 30188 OF 2021 Between:
A Somireddv' S/o' A' Sambireddy'
...pETrroNER AND I . The State of Telangana, Represented by the Principal Secretary, Department of Revenue, (Stamp and Registration), Telangana State, Secretariat, Hyderabad T.S.
2. The Commissioner and Inspector General of Registration and Stamp, Mozamjahi Market Road, Hyderabad 500001 T.S.
3. The Sub-Registrar, Office, Quthbullapur, I Floor, Suraram'X' Road, l-303/1, Suraram Main Rd, Quthbullapur(M), Suraram, Hyderabad, 500055, T.S. 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 particularly in the nature of the writ of mandamus, declaring the action of the Respondent No 3, in not entertaining registration of the Petitioners Sale Deed Transactions, on the basis of Memo No G12125712019, daled 2610812020, issued by the Respondent No 2, as illegal, arbitrary and in violation of orders in W.P. No.
9248 of 2021 dated 2310A12021 , and to consequently direct the Respondent No 3 to receive, register and release the Sale Deeds pertaining to Plot bearing Nos- 766, 767 and 768, total measuring- 600.0 Sq. yards or 501 .6 Sq. mtrs( each plot measuring- 200.0 Sq. yards), in Survey No- 1 '18, situated at Gujularamaram Village, Quthbullapur Mandal, under GHMC Quthbullapur Circle, Medchal- Malkajgiri District, T.S., not WithStanding the memo issued by the Respondent No 2. lA NO: 'l OF 2021 Petition under Section l5l of CPC, praying that in the circumstances stated in the affidavit filed in the writ petition, the High Court may be pleased to direct the Respondent No. 3 to receive, register and release the sale deeds of the petitioner in respect to register and release the sale deeds pertaining to Plot bearing Nos.
766, 767 & 768, total admeasuring 600.0 Sq. yards or 501.6 sq. mtrs (each plot measuring 200.0 sq. yards) in Survey No: 118, situated at Gujularamaram Village, Quthbullapur Mandal, under GHMC Quthbullapur Circle, Medchal-Malkajgiri District, T.S., without reference to Memo No G12125712019, dated 26.08.2020, issued by the Respondent No. 2.
Counsel for the Petitioner SRI SAROSH SA}I BASTAWALA GP FOR STAMPS AND REGISTRATION Counsel for the Respondents THE COURT MADE THE FOLLOWING ORDER:
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.SO188 OF 2O2L ORDER:
Heard both sides and perused the material on record. 2.
It is submitted by the learned counsel on either side that the 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 18.02.2022, 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, and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terms thereof.
3.
This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the subject document/ s.
However, conditions were imposed that (a) the petitioner/ s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition. 4.
In view of the above, recording the aforesaid submission of the iearned counsel on either side, following the common order dated 18.O2.2022 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 ol 2022, in terms thereof, this writ petition is disposed of as under, without any order as to costs:
(A) If the subject document/s has/have already been registered and released pursuant to the interim order;
(l) the document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No. 19695 of 2O2l frled by the State Government before the Honble Supreme Court; and (ii) 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 3O feet road width access, the Sub Registrar shall make an endorsement informing/cautioning the purchasers that rlsk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that )
registration of the sane is subject to outcome of orders of the Honble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an endorsement shall be made in the encumbrance record, website etc.
(B) If the subject document/s is/are not yet registered and released pursuant to the interim order;
(i) the respondent - Sub-Registrar is directed to register the document of sa1e, transfer and gift etc., presented for registration by the petitioner/ s without reference to the Memo Nos.G2l257 12019 dated 26.O8.2O2O atd 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Teiangana; 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 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 law 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 registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civi1) No.19695 of 2O2l 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.
The miscellaneous petitions pending, if any, shall stand closed There shall be no order as to costs.
"'rbi,tiHIHr[iR ,TRUE COPY// SECTION OFFICER
o, l.
The Principal Secretary, Department ofRevenue, (Stamp and Registration), State of Telangana, Telangana State, Secretariat, Hyderabad T.S. The Commissioner and Inspector General of Registration and Stamp, Mozamjahi Market Road, Hyderabad 500001 T.S.
2.
The Sub-Registrar, Oflice, Quthbuliapur, I Floor, Suraram 'X' Road, 1-303/1, 3.
Suraram Main Rd, Quthbullapur(M), Suraram, Hyderabad, 500055, T.S. 6@sm 4e4A@) Two CCs to GP for Stamps & Registration, High Court of Telangana, at Hyderabad. (ouT) One CC to Sri Sarosh Bastawala, Advocate (OPUC) Two CD Copies 4.
HIGH COURT BVRJ DATED:1710312022 ues '{
ORDER
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o i-) 2E tl JIJL 2[2 WP.No.3O188 of 2021 n ''?
WP IS DISPOSED OF WITHOUT COST UP"
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