Kurva Srinivas v. The State Of Telangana And 3 Others
[ 3183 I HIGH COURT FOR THE STATE OF TELANGANA A-I'HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF MARCH TwO'IHOIJ'SAND AND TWENTY TwO / PRESENT THE HONOURABLE SRI JUSTICE B.VIJA}'SEN REDDY WRIT PETITION NO: 33496 ()F 2021 Betryee n:
Kurva Srinivas, S/o K. Gundappa, Occ. Business, R/o H.No.6-6-30l1, Herur Ward, Near Kanyapatashala High School, Tandur, Vikarabad District, Telangana State ...PETITIONER AND l. The State ofTelangana, Rep by its Principal Secretary Revenue (Regishation and Stamps Department),Secretariat, Hyderabad
2. The Commissioner and Inspector, General Stamps and Registration Moazzam Jahi Market, Hyderabad, T.S.
3. The District Registrar, Revenue Registration and Stamps Department Moosapet, Ranga Reddy District
4. The Sub Registrar, Revenue Registration and Stamps Depafirnent SRO, Tandur, Vikarabad District ,,.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 any Writ, order or direction more particularly one in the nature of WRIT OF N,IANDAMUS declaring the action of the Respondent No.4 orally refusing to register the pending documents vide Doc.Nos.P887l2021 dated 0411212021 and 888/2021 dated 0411212021 respectively presented by Petitioner in respect of(1) Plot No.l, admeasuring 555 Sq yards, (2) Plot No.2 admeasuring 227 Sq yards, both situated in Sy.No.322, Kokat Village, Yalal Mandal, Vikarabad District, on the ground of Memo issued by the Respondent No.2 vide No.
G2l257l20l9 dated 26108/2020, and Amended Memo No.GZl257l20l9 dated 2911212020, inspite of Order dated 2310812021 passed by this Honourable Court in WP.No.9248/2021 is illegal, arbitrary and contrary to the provisions of Registration Act 1908 and set aside the same and consequently direct the Respondent No.3 and 4 to receive, register and release the pending Documents in respect of subject plots without reference to the Memo issued by the Respondent No.2 vide No.G2l257l20l9 dated 26/0812020, and Amended Memo No.G2l25712019 dated 29/r2t2020.
IA NO: I OF 2021 Petition under Section l5l 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 Respondent No.4 to receive, register and release the pending documents vide Doc.Nos.P887/2021 dated 0411212021 and 888/2021 dated 0411212021 respectively presented by Petitioner in respect of(l) Plot No.l, admeasuring 555 Sq yards, (2) PIot No.2 admeasuring 227 Sq yards, both situated in Sy.No.322, Kokat Village, Yalal Mandal, Vikarabad District, without reference to Memo issued by the Respondent No.2 vide No.G2l25712019 dated 26108/2020, and Amended Memo No.G2l25712019 dated 2911212020, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI. M A K MUKHEED /' Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.33496 OF 2021 oRpER (ORAL):
Heard both sides and perused the material on record. 2.
It is submitted by the leamed 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 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 documenVs. 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 leamed counsel on either side, following the common order dated 18.02.2022 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.298 5 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 pusuant to the interim order;
(i) the documenUs registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 filed by the Slate 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 part of F.T.L. and Buffer ZonelPlots having less than 30 feet road width access, the Sub Regishar shall make an endorsement informing/cautioning the purchasers that risk is involved in purchase of such plots; such transactions ..Irl hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the t
Hon'ble Supreme Court in SLP (Civil) No.19695 of 202'1. 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 Nos.G2125712019 dated 26.08.2020 and 29.12.2020 issued by the respondent{he Commissioner and lnspector General of Registration and Stamps, Telangana;
Letter No.45/TP/NMC/2019 dated 0'1.11.2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Qulhbullapur, 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 sub.ject to outcome of SLP (Civil) No.19695 of 2021 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 ZonelPlots having less than 30 feet road width access, the Sub Registrar shall make an endorsement informing/caulioning 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. Tothat effect, an endorsement shall be made on the reverse side of the firsVsecond page of the document and also in the encumbrance record, website etc.
As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed Sdi. T, TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// GD SECTION OFFICER /
To,
1. The Principal Secretary Revenue (Registration and Stamps Department),Secretariat, State of Telangana, Hyderabad
2. The Commissioner and Inspector, General Stamps and Registration Moazzam Jahi Market, Hyderabad, T.S.
3. The District Registrar, Revenue Registration and Stamps Department Moosapet, Ranga Reddy District
4. The Sub Registrar, Revenue Registration and Stamps Department SRO, Tandur, Vikarabad District
5. One CC to SRI. M A K MUKHEED Advocate [OPUC]
6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUT] Two CD Copies LAK
HIGH COURT L \ DATED:1610312022 -tr- ,, A!
l\s a,
ORDER
*&- u'- q.) \:J.J.
WP.No.33496 of 2021 \.t WRIT PETITION IS DISPOSED OF WITHOUT COSTS a b (t,<{