Sri. Pardha Saradhi Gajula v. 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: 31543 OF 2021 uetween:
Sri. Pardha Saradhi Gajula, S/o. Sri Gopala Krishna Murthy, Aged about 44 years, Occ.Business, R/o. Plot No 1167, Flat No. G-1, Padmavathi Pride Apartment, Pragathi Nagar, Bachupally Mandal, Medchal- Malkajgiri District Represented by his Development Agreement-Cum GPA Holder Sri OM Sairam Constructions Rep. by its partners Sri V. Srinivas Rao S/o. V. Subba Rao, age.50 years, Occ. Business, R/o. H.No. 95/LlG KPHB Colony, Hyderabad and Sri Manikyala Rao S/o. Sri. fuCH Naidu, aged about 39 years, Occ. Business, R/o. G-2, Jupiter Tower, Pragathi Nagar, Kukatpally, Hyderabad. ...PETITIONER AND
1. State of Telangana, Represented by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad.
2. The Sub-Registrar, Quthbullapur, Ranga Reddy District.
3. The Commissioner and lnspector, General of Registration and Stamps, Telangana State.
4. The Dundigal Municipality, Represented by its Commissioner, Dundigal, Medchal Malkajgiri, Ranga Redy District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in refusing to receive, register and release the Sale deed presented by the petitioner in respect of semi finished flat No. 301 in Third Floor of SRI NILAYAM-Ill with built up area of 1040 Sq.ft (including common area and car parking) along with an undivided share of land admeasuring 28.0 Sq.yds (out of 250.0 Sq.yds) on Plot bearing No. F -17 , in Survey Nos.
540 situated at Simhapuri Colony of Bowrampet village, Dundigal-Gandimaisamma memo bearing No. G2125712019 dated 261812020 issued by the 3rd respondent and (ii) Letter bearing No.
by this Honble Court in W.P.NO. 9248 of 2021 dated 231812021 and consequently direct the 2nd respondent to receive, register and release the sale deed presented by the petitioner in respect of semi finished flat No. 301 in Third Floor of SRI NILAYAI\4-lll with built up area of 1040 Sq.ft (including common area and car parking) along with an undivided share of land admeasuring 28.0 Sq.yds (out of 250.0 Sq yds) on Plot bearing No. F-17, in Survey Nos. 540 situated at Simhapuri Colony of Bowrampet village, Dundigal-Gandimaisamma Mandal under Dundigal Muncipality, Medchal -Malkajgiri District lA NO: 1 OF 2021 :
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent herein to receive, register and release the sale deed presented by the petitioner in respect of semi finished flat No. 301 in Third Floor of SRI NILAYAM-lll with built up area of 1040 Sq.ft (including common area and car parking) along with an undivided share of land admeasuring 28.0 Sq.yds (out of 250.0 Sq.yds) on PIot bearing No. F-17, in Survey Nos. 540 situated at Simhapuri Colony of Bowrampet village, Dundigal-Gandimaisamma Mandal under Dundigal Muncipality, Medchal -Malkajgiri District and without reference to memo bearing No. G2125712019 dated 261812020 issued by the 3rd respondent and (ii) Letter bearing No. 89/TPO/Dunltvtpl,rZOtg daled 2O112t20'19 and as \ directed by this Honble Court in W.P.NO.924B of 2021 , Counsel for the Petitioner :SRl. V RAMESH REDDY /'
Counsel for the Respondents 1 TO3 : AGP for REVENUE Counsel for the Respondent 4 :SRl N PRAVEEN KUMAR THE COURT MADE THE FOLLOWING ORDER:
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.31543 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 tn 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 Iinal result of the writ petition. 4.
In view of the above, recording the aforesaid submission of the learned counsel on either side, following the common order dated ta.O2.2O22 in W.P. No.328 of 2022 and batch, as modified by the order dated22.02.2022itl.A. No.2 of 2022in W.P.No.2985 of 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;
(i) the document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2O2l filed by the State Govemment 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 fPlots 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 I I
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 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 sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo N<>s.G2/257 /2019 dated 26.08.2020 ar,d 29.12.2O2O issued by the respondent-the Commissioner and Inspector General of Registration and Starnps, Telangana; Letter No.aSlTP/NMC/2019 dated 01.11.2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Rarga Reddy District, and similar letters, if any, issued by various MunicipaJ Commissioners in tl e 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 Honble Supreme Court; and (rii) 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 al endorsement informing / cautioning thc purchasers that risk is involved in purchase of such plots; such ljansactions are hit by relevant statutory provisions; that registration of the same 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 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'
sD/'T' TIRUMALA DEVI ASSISTANT REGTSTRAR , h'- SECTION OFFICER //TRUE COPY'
1. The Principal Secretary, Stamps and Registration Department, State of Telangana, Secretariat, Hyderabad.
2. The Sub-Registrar, Quthbullapur, Ranga Reddy District.
3. The Commissioner and lnspector, General of Registration and Stamps, Telangana State.
4. The Commissioner, Dundigal Municipality, Dundigal, Medchal Malkajgiri, Ranga Redy District
5. One CC to SRl. V RAI\iIESH REDDY Advocate [OPUC]
6. Two CCs to GP FOR REVENUE,H|gh Court forthe State of Telangana. lourl
7. One CC to Sri N Praveen Kumar (S.C.) (OPUC)
8. Two CD Copies
HIGH COUR'I'
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*+ \\ t"- DATED:17l03/2022 0(o t .)- '-,,/, tl ol{DE,lt WP.No.3l5-13 of 2021 WRIT PETITION IS DISPOSED OF WITHOUT COSTS Lag,.t'a)