Judgment Jagasani

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HIGH COURT FOR THE STATE OF TELANGANA

(Special Original Jurisdiction)

TUESDAY ,THE TWENTY SECOND DAY OF FEBRUARY


TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO: 4470 OF 2022

Between:
Gollapudi Ramaiah, Aged about 83 years, S/o.Late Pitchaiah, R/o.H.No.3-92,
Gopalapuram, Khammam, Khammam District.

...PETITIONER
AND
1 The State of Telangana, Represented by its Principal Secretary, Revenue
(Stamps and Registration) Department, Secretariat, Hyderabad.
2 The Commissioner and lnspector General Of Registration and Stamps,
Hyderabad.
3 The Sub-Registrar, Stamps and Registration, Khammam (RO) Khammam
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 to issue a writ order or direction particularly in the nature of Writ of
Mandamus directing the respondents to receive, register and release the GPA
executed in favour of J.Jyothi for Plot Nos.7,8,9,10 and 11 respectively in
Sy.No.so3fiL admeasuring 5000 sq yards, situated in Velug,umatla Village,
Khammam Urban, Khammam District presented by the petitioner by declaring the
action of the respondents in refusing to receive, register and release the said
sale deed basing on a Memo No.G2125712019 dated 261812020 issued by the
2nd respondent as illegal. arbitrary and contrary to the Registration Act 1908

lA NO: 1 OF 2022
!
Petition under Section 151 CPC praying that in the circumstances stated
t in the affidavit filed in support of the petition, the High Court may be pleased to
direct the 3rd respondent to receive, register and release GPA executed in
favour of J.Jyothi for Plot Nos.7. B. 9. 10 and 11 respectively in Sy.No.503/4
admeasuring 5000 sq yards, situated in Velugumatla Village, Khammam Urban.
Khammam District without reference to the Memo No.G2125712019 dated
261812020 issued by the 2nd respondent pending writ petition

Counsel for the Petitioner:SRl. G RAMACHANDRA REDDY


Counsel for the Respt ndents: AGP FOR REVENUE / GP FOR STAMPS AND
REGISTRATION

The Court made the f< llowing: ORDER

:
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.447O of ZOZ2


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.32g 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.29B5 of 2022 and batch, as such,


this writ petition may be disposed of in terms thereof.

3. Therefore, following the common order dated t8.O2.2022 in

W.P. No.32B of 2022 and batch as modified by the order dated

22.02.2022 in I.A. No.2 of 2022 in W.p. No.29BS 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.G2/257/2OL9 dated
26.O8.2020 and 29.72.2020 issued by the respondent
t - the Commissioner and Inspector General of
Registration and Stamps, Telangana; Letter
No.45lTP/Nlv1C/2079 dated 01.11.2019 issued by the
respondent - the Commissioner, Municipal Corporation,
2

Nizampet to the respondent - the Sub Registrar,


Quthbulla:ur, Ranga Reddy District, and similar
letters, ' any, issued by the various Municipal
Commiss cners in the State;

(ii) the iub Registrars in the State shall make an


endorsen ent at the reverse side of the first pacle of
the doc rment referred in direction No.(i) that
registrati rn so done is subject to outcome of SLP
(Civil) Jo.19695 of 2027 filed by the State
Governn ent before the Hon'ble Supreme Court; and

(iii) in c rse, it is found that there is any violation of


law like rlots / lands / structures being sold form part
of F.T.L. and Buffer Zone / Plots having less than 30
feet roa, I width access, the Sub Registrar shall make
an endo sement informing / cautioning the purchasers
that ris l is involved in purchase of such plots;
such tr rnsactions are hit by relevant statutory
s; that registration of the same is subject to
provisior
outcom( of orders of the Hon'ble Supreme Court in
SLP (C ',/i1) No.19695 of 2021. To that effect.
an endc'sement shall be made on the reverse side of
the first / second page of the document and also in the
encumb ance record, website etc.

As a se quel thereto, miscellaneous petitions, if any, pending

in the writ pet tion shall stand closed.

i SD/.K.ONESIM
ASSISTANT REGISTRAR
//TRUE COPY'
sEcffN oFFlcER
To,
1. The Princioal Secretary, Revenue (Stamps and Registration) Department'
Stite of Tela"gana, S6cretariat, Hyderabad
Stamps'
2. The Commis ;ioner and lnspector General Of Registration and
Hyderabad.
(RO) Khammam
3. The Sub-Ret istrar, Stamps and Registration, Khammam
District.
4. One CC to SRl. G RAMACHANDRA REDDY Advocate [OPUC]

5.TwoCCstoGPFoRSTAMPSANDREGISTRATIoN(TG)'HighCourtfor
the State of Telangana. [OUT]
6. Two CD Copies
7. One Spare CoPY
rsn
\- V

t
HIGH COURT

DATED:2210211'022
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ORDER
WP.No.4470 c f 2022

DISPOSING OF THI WRIT PETITION


I
WITHOT]T COSTS
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