Ponnaganti Prasanth v. The State Of Telangana And 3 Others
[ 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: 31569 OF 2021 Between:
Ponnaganti Prasanth, S/o Sambasiva Rao, R/o H.No.4-5- 16/8/1, 3/3 Lane Navabharathi Nagar Ring Road, Goutham Concept School, Guntur, A.P.
...Petitioner
AND
1. The State of Telangana, Rep. by its Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.
2. The Commissioner and lnspector General of Registration and Stamps, Telangana State.
3. The Sub-Registrar,Quthbullapur, Medchal Malkajgiri District.
4. The Nizampet Municipal Corporation, Nizampet, Medchal Malkajgiri D'strict, rep. by its Commissioner
...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 to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in refusing to receive register the Sale Deed submitted by the petitioner for registration with regard to the Semi-finished Flat No.302, in Third Floor, with built up area of 1'100 sft., along with Car Parking and un-divided share in the land in the building known as "MARUTHI SREE RESIDENCY", Plot No.1415, 1n Block No.90- A, Sy.Nos. 165, 166, 167 , 178 and 179, situated at Bachupally village and Mandal, Nizampet municipal Corporation, Medchal Malkalgiri District on the ground of Memo bearing No.G2t257t2O19 dt.
26tO8l2O2O issued by the 2nd respondent and the letter dl.O1t11l2O19 issued by the 4rh respondent restraining the registrations, as highly illegal, arbitrary and contrary to the orders of this Hon'ble Court in WP.No.9248 of 2Oi1 and consequently direct the 3'd respondent to receive, register and release the Sale Deed submitted by the petitioner for registration with regard to the Semifinished Flat No.302, in Third Floor, with built up area of 1100 sft.
SREE RESIDENCY", Plot No 1415, in Block No.90-A, Sy.Nos.165, 166, 167, 178 and 179, situated at Bachupally village and Mandal, Nizampet municipal Corporation, Medchal Malkajgiri District, without reference to the memos No.c2l257l2o1g dt.26lo1l2o2}-issued by the 2'd respondent and letter of the 4th respondent dt.O1 I 1 1 12019;
lA NO: 1 OF 2021 Petition under Section 15'1 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 3'd respondent to receive, register and release the Sale Deed submitted by the petitioner for registration with regard to the Semi-finished Flat No.302, in Third Floor, with built up area of 1'100 sft., along with Car Parking and un-divided share in the land in the building known as "MARUTHI SREE RESIDENCY", Plot No.1415, in Block No.90-A, Sy.Nos.165, 166, 167, 178 and 179, situated at Bachupally village and Mandal, Nizampet Municipal Corporation, Medchal Malkajgiri District, without reference to the memos No.G2125712019 dt.2610&2021 issued by the 2"d respondent and letter of the 4th respondent dt.O1/1 1/2019 pending disposal of the writ petition;
Counsel for the Petitioner(s): SRl. N M KRISHNAIAH Counsel for the Respondents No. 1-3: GP FOR STAMPS AND REGISTRATION Counsel forthe Respondents No.4: SRI N. PRAVEEN KUMAR ,.'
The Court made the following:
ORDER:
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.31569 OF 2O21 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.32B of 2022 and batch dated 18.02.2022, as modified by the order dated 22.02.2022 in I.A.No.2 of 2022 rt 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 learned counsel on either side, following the common order dated 18.O2.2022 in W.P. No.328 of 2022 and batch, as modihed by the order dated22.02.2022inl.A. No.2 of 2022it 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 Government before the Hon'ble Supreme Court; and (ii) in case, it is found that there is any violation of law like plots/lands/ structures being sold form pa-rt of F.T.L. arrd 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 .I )
l registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2O2L To that effect, alr endorsement shall be made in the encumbrance record, website etc.
(B) If the subject document/s is/are not yet registered arrd released pursuant to the interim order;
(r) 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.O4.2O2O and 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.a5lTP/NMC/20 19 dated 01.11.2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Ranga Reddy District, ald 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 Honble 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 arr 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 t1le same is subject to outcome of orders of the Hon',ble Supreme court in sLP (civ ) No.19695 of 2021. To thar effect, an endorsement shall be made on the reverse side of the first / second page of the document and also in the encumbralce record, website etc.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
SD/N.CHANDRA SEKHAR RAO ASSISTANI REGISTRAR (L'
SECTION OFFICER //TRUE COPY//
To, 1 . The Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, State of Telangana, Hyderabad.
2. The Commissioner and lnspector General of Registration and Stamps, Telangana State.
3. The Sub-Registrar,Quthbullapur, Medchal Malkajgiri District.
4. The Commissioner, Nizampet Municipal Corporation, Nizampet, Medchal Malkajgiri District.
5. One CC to Sri N M Krishnaiah Advocate [OPUC]
6. One CC to Sri N Praveen Kumar [SC]
7. Two CCs to GP for Stamps and Registration, High Court for the State of Telangana, Hyderabad [OUT]
8. Two CD Copies \ SWT
HIGH COURT DATED:1710312022 \ ( (
ORDER
WP.No.31569 of 2021 WRIR PETITION IS DISPOSED OF WITHOUT COSTS.
Co? te-l'