1. Dama Rama Rao v. 1. The State of Telangana
Case Details
Acts & Sections
M/s.Ivlanarupa's Homes, Rep. by its Managing Partner Sri M.Ramesh Babu S/o.M.Gandaiah, aged about 60 ydars, Occ: Business, Ri./o.H.NNo.2-2-1109t511315, Bagh Amberpet, Hyderabad. AND I ...PETITIONER
1. State of Telangana, rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secietariat, Hyderabad. 5
2. The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad.
3. The District Registrar, Revenue (Registration and Stamps) Department, Ranga Reddy District.
4. The Sub Registrar, Revenue (Registration and Stamps) Department, SRO, Abdullap.urmet, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of lhe 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 more particularly the 4th respondent in orally refusing to receive and register the documents presented by the petitioner in respect of land bearing Plot Nos.1-B, 16-NP, 32, 33, 48, 49-NP, 114, 127, 128 and 129, each admeasuring 150 sq. yards, under Sy.Nos.28, 30, 31, 64, 79, 80 and 81 , situated at lnamguda and Laskarguda Villages, Abdullapurmet Mandal, Ranga Reddy District, on the ground of Memo No.G2l257t2O19 dated.26.08.2020 issued by the 2nd respondent, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and set aside the same, and consequently direct the respondents 3 and 4 to register and release the documents presented by the petitioner in respect of subject plot without reference to the Memo No.G2t257t2O19 dated.26.08.2020 issued by the 2nd respondent. 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 respondents 3 and 4 to receive, register and release the documents presented by the petitioner in respect of land bearing Plot Nos.1-B, 16-NP, 32, 33, 48, 49- NP, 114, 127,128 & 129, each admeasuring'l50 sq. yards, under Sy.Nos.28, 30, 31, 64, 79, B0 & 81, situated at lnamguda & Laskarguda Villages, Abdullapurmet Mandal, Ranga Reddy District, without reference to the Memo No.G2l257l2O19 dated:26.08.2020 issued by the 2nd respondent, pending disposal of the writ petition. Counsel for the Petitioner: SRI MOHD MOIN AHMED QUADRI 6 Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION WRIT PETITION NO:33158 OF 2021 Between: M/s. Vishnu lnfra and Energy Solutions Pvt. Ltd., having its Registered Office at Plot No.1 12, Road No.2, Kavuri Hills, Madhapur, Hyderabad, rep. by its Director Sri A.Giridhar Rao. ...PETITIONER AND 1 State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad. The Commissioner and lnspector General, Registration and Stamps Department, Telangana, At Hyderabad. The District Registrar, Registration and Stamps Department, Medchal- Malkjgiri District. 2 3
4. The Sub-Registrar, Stamps and Medchal-Malkajgiri District. Registration Department, Outhbullapur, ...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 4th respondent in not receiving, registering and releasing the Sale Deed submitted by the petitioner in respect of the Semi-Finished FIat No.501, (in Fifth Ftoor), of VtSHNUs ANJANI REStDENCy with built up area of 'l 150.0 Sq.Ft. (including Common Area) along with an Undivided share of- land admeasuring 10.0 Sq.yds. (out of 266.66 Sq.yds.), constructed on Plot No.73, in Sy.Nos.200, 203,2O4,205,212,248,249,25O,251, 252 and 254, Situated at SRt SAI BALAJT ENCLAVE of Mallampet Village, (Previously Mallampet Grampanchayat), Dundigal Gandimaisamma Mandal arid Municipality, Medchal-Malkajgiri District, Telangana State, basing on the Memo No.G2125712O19, dated 26.08.2020 issued by the 2nd respondent, as arbitrary, illegal, violative of provisions of the Registration Act 190g, discriminatory and unconstitutional and in violation of Articles 14 and 3004 of the constitution of lndia and consequently direct the 4th Respondent to receive, register and release the Sale Deed submitted by the petitioner in respect of the aforesaid Flat. 1A NO: 1 OF 2021 7 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 4th respondent to receive, register and release the Sale Deed submitted by the petitioner in redpect of the Semi-Finished Flat No.501, (in Fifth Floor), of VISHNUs ANJANI RESIDENCY with built up area of 1 150.0 Sri.it. (inctuOing Common Area) along .with an Undivided share of land admeasuring 10.0 Sq.Yds. (out of 266.66 Sq.Yds.), constructed on Plot No.73, in Sy.Nos.200,2O3,2O4,205,212,248,249, 25O,251,252 and 254, Situated at SRI SAI BALAJI ENCLAVE of Mallampet Village, (Previously Mallampet Grampanchayat), Dundigal Gandimaisamma Mandal and Municipality, Medchal-Malkajgiri District, Telangana State, without reference to the Memo No.G2125712019, dated 26.08.2020 issued by the 2nd respondent, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI SRIKANTH KAVETI Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATTON WRIT PETITION NO: 33170 OF 2021 Between: Mis. Vishnu Infra & Energy Solutions P!t. Ltd., Having its Registered Office at Plot No.112, Road No.2, Kavuri Hills, Madhapur, Hyderabad, rep. by its Director Sri A.Giridhar Rao. ,..PETIT]ONER AND 1 2 The State of felangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad. The Commissioner and lnspector General, Registration and Stamps Department, Telangana, At Hyderabad.
3. The District Registrar, Registration and Stamps Department, Medchal- Malkajgiri District.
4. The Sub-Registrar, Slamps and Registration Department, Outhbullapur, Medchal-Malkajgiri 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 + 8 pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in not receiving, registering and releasing four Sale Deeds submitted by the petitioner in respect of the Semi-Finished Flat Nos.302 admeasuring 1150 Sq.Ft., 401 admeasuring 1150 Sq.Ft., 402 admeasuring 1150 Sq.Ft. and 501 admeasuring 970 Sq.Ft., of "Vishnu's Sujatha Residency, (including common .dreas) along with respective undivided share of land, constructed on plot No.215 in Survey Nos.2oo, 203, 2O4, 205, 212, 21 3, 21 5l A, 22g, 23O, 248, 24g. 250. 251, 252 and 254, situated at SRI SAI BALAJI ENCLAVE, Mallampet Village and Grampanchayat, Dundigal @ndimaisamma Mandal and Municipality, Medchal-Markajgiri District, Telangana State, basing on the Memo No.G2125712O19, dated 2610812020 issued by the 2nd respondent, as arbitrary, illegal, violative of provisions of the Registration At 1908, discriminatory and unconstitutional and in violation of Articles 14 and 300A of the Constitution of lndia and consequently direct the 4th Respondent to receive, register and release the four Sale Deeds submitted by the petitioner in respect of the aforesaid four Flats. IA 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 4th respondent to receive, register and release the four Sale Deeds submitted by the petitioner in respect of the Semi-Finished Flat Nos.302 admeasuring 1150 Sq.Ft.,401 admeasuring'l'150 Sq.Ft.,402 admeasuring 1'1 50 Sq.Ft. and 501 admeasuring 970 Sq.Ft., of Vishnus Sujatha Residency, (including common areas) along with respective undivided share of land, constructed on plot No.215 in Survey Nos.20O, 2O3, 204, 2O5, 212, 21 3, 21 5l A, 229, 230, 248, 249, 250, 251, 252 and 254, situated at SRI SAI BALAJI ENCLAVE, Mallampet Village and Grampanchayat; Dundigal Gandimaisamma Mandal and Muncipality, Medchal- Markajgiri District, Telangana State, without reference to the Memo No.G2125712O19, dated 2610812020 issued by the 2nd respondent, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI SRIKANTH KAVETI Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION .t 9 WRIT PETITION NO: 33203 OF 202'l Between: Sri Burugapalli Srinivas Rao, S/o B.Subba Rao, Aged about 5l years, Occ: a Business, RUo. Plot No. 171, Kavuri Hills, Madhapur, Hyderabad. ...PETITIONER AND 1 The State of Telangana, Rep., by its Principal Secretary, Rbvenue Department, Secretariat, Hyderabad. The Commissioner and lnspector General of Registration and Stamps, Telangana, Office at Moazamjahi Market Road, Hyderabad. The Sub-Registrar, Sangareddy, Sangareddy District. 2 3 ...RESPONOENTS 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No. 3 in refusing to receive register and release the Sale Deed presented by the Petitioner towards the Plot No. I7, in Survey No. 430/4, Situated at lsnapur Village, Palancheru Mandal, Sangareddy District, in pursuant to the Memo No. G2125712O19, dated 26-08-2020, issued by the Office of the Respondent No.2, under Prohibition of registration of unauthorized plots and buildings against the Petitioners land, as arbitrary, illegal, without any jurisdiction contrary to the Provisions of the Registration Act 1908 and in violation of Article '14 of Constitution of lndia and consequently direct the Respondents No.3 herein to receive register and release the Sale Deed presented by the Petitioner in respect of their land, without reference to letter Memo No. G2l257l2O'19, dated: 26-08-2020, issued by the Office of the Respondent No.2. 1A 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 respondent No. 3 herein to receive register and release the Sale Deed/s presented by the petitioner towards the Plot No. '1 7, in Survey No. 430/4, Situated at lsnapur Village, Patancheru Mandal, Sangareddy District, without reference to l0 Letter Memo No.G2t25712019, dated 26-08-2020 issued by the office of the Respondent No. 2 pending disposal, of the above Writ Petition' Counsel for the Petitioner: SRI PRAKASHCHAKRAVARTHY Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION WRIT PETITION NO: 33214 OF 2021 Between: M/s. Vishnu lnfra & Energy Solutions Pvt. Ltd., having its Registered off,rce at P,lot Xo.iti, noaO No.Z, Xa.'itjri Hills, Madhapur' Hyderabad, rep. by its Director Sri A.Giridhar Rao. ...PETITIONER AND 1 2 3 4 State of Telangana, Rep. by its Principal Secrelary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad The Commissioner and lnspector General, Registration and Stamps Department, Telangana, At Hyderabad The District Registrar, Registration and Stamps Department, Medchal- Malkajgiri District. The Sub-Registrar, Stamps and Registration Department, Quthbullapur, Medchal-Malkaigiri 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, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in not receiving, registering and releasing five Sale Deeds submitted by the petitioner in respect of the five Semi Finished Flat Nos.501 admeasuring 970 Sq.Ft., 502 admeasuring 1'160 Sq.Ft., 503 admeasuring 970 Sq.Ft., 504 admeasuring 1160 Sq.Ft. and 505 admeasuring 575 Sq.Ft., in Fifth Floor of Vishnus Shrestaa Residency, (including common areas), along with respective undivided share of land, constructed on Plot Nos.97, 98, 99 and 100, in Survey Nos.200, 2O3,204,205, 212' 248' 249' 25O' 251 ,252 and 254 situateh at SRI SAI BALAJI ENCLAVE PHASE-1, Mallampet Village and Grampanchayat, Dundigal Gandimaisamma Mandal and Municipality, Medchal-Markajgiri District, Telangana State, basing on the Memo No.G2t257t2O19, dated 2610812020 issued by the 2nd respondent, as arbitrary, a illegal, violative of provisions of the Registration Act 190g, discriminatory and unconstitutional and in violation of Articles .14 and 3004 of the constitution of lndia and consequentry direct the 4th Respondent to receive, register and rerease the five sare Deeds submitted by the petitioner in respect of the aforesaid five Frats. 1A NO: 1 OF m21 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 preased to direct the 4th respondent to receive, register and rerease the five Sare Deeds submitted by the petitioner in respect of the five Semi Finished FIat Nos.501 admeasuring 970 Sq.Ft.,502 admeasuring.ti60 Sq.Ft.,503 admeasuring 970 Sq.Ft., S04 admeasuring 1160 Sq.Ft. and 505 admeasuring 575 Sq.Ft., in Fifth Floor of vishnus shrestaa Residency, (incruding common areas), arong with respective undivided share of rand, constructed on prot Nos.g7, 98, g9 and 100, in Survey Nos.200, 203,204,205,212,248, 249,250,251 ,252 and 2S4 situated at SRt SAt BALAJI ENCLAVE Marampet Virage and Grampanchayat, Dundigar Gandimaisamma Mandar and Municiparity, Medchar-Markajgiri District, Terangana state, without reference to the Memo No.c2t2srt2o19, dated 26.08.2020 issuec, by the 2nd respondent, pending disposal of the above Writ petition. 'HASE-1, Counsel for the Petitioner: SRI SRTKANTH KAVETI counsel for the Respondents: AGp FoR srAMps AND REGrsrRATroN WRIT PETITI ON NO:34882 OF 2021 Between: K.Ravinder Reddv. S/o.rate K.Narayan Reddy aged about 61 years, occ.Agricurture, -A6il "h;E;'"Mi;pfu R7o. H No.3-82, Kothaper, Hyderabad, nep.' ov- 6is-Iegd-. tndia Mansions p!r. Lid.. Rep. ov rtJ r'iani-sin6'orrJior"Aoorr irj.id, alij"s%.irt" " Abdul Faiz Baig. ...PETITIONER AND
1. 3l3H$,f13:flfl '*1,"3;3,v"lfrf i-;,P.'J.ff;;:'"o'Revenue(Resistrationand lnspector General of Registration and Stamps,
2. The Commissioner and Telangana, Hyderabad. t2
3. The District Registrar, Revenue (Registration and Stamps) Department, Ranga Reddy District.
4. The Sub Registrar, Revenue (Registration and Stamps) Department, SRO, Champapet, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of the Constitutiol-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 more particularly the 4th rgspondent in orally refusing to receive and register the documents presented by the petitioner in respect of land bearing Plot Nos.P-25, P-26, P-27, P-28, P-29, P- 30, P-3 1 and P-32 of Orchid Residency, total admeasuring 1448 sq. yards, under Sy.Nos.351, 3511A, 3521A, 334, 335, 336, 12911, 293, 297, 298, 328, 324, 330, 332, 288, 289 and 290, situated at Balapur Village and Mandal, Ranga Reddy District, on the ground of Memo No.G2125712019 dated.26.08.2020 issued by the 2nd respondent, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and set aside the same, and consequently direct the respondents 3 and 4 to register and release the documents presented by the petitioner in respect of subject plot without reference to the Memo No.G2l25712019 dated.26/08/2020 issued by the 2nd respondent. 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 respondents 3 and 4 to receive, register and release the documents presented by the petitioner in respect of land bearing Plot Nos.P-2S, P-26, P-27, P-28, P-29, P-30, P-3'l and_P-32 of Orchid Residency, total admeasuring 1448 sq. yards, under Sy.Nos.351 , 351/A, 3521A, 334,335, 336, 12911, 293, 297,298, 328, 324, 330, 332, 288,289 and 290, situated at Balapur Village and Mandal, Ranga Reddy District, without reference to-the Memo No.G2125712019 dated.2610812020 issued by the 2no responUent, pending disposal of the writ petition. Counsel for the Petitioner: SRI MOHD MOIN AHMED QUADRI l3 Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION WRIT PETITION NO: 34981 OF 2021 Between:
1. Banoth Balaji, S/o. Venkati, Aged about 45 years, Occ: business, R/o. H.No.8- 733, Laxrnipuram, Konijarla Mandal, Khammam District.
2. Azmeera Nageswara rao, S/o. Somla, Aged about 43 years, Occ- business, Rl/o. H. No.4-90, Perikasingaram Village, Kusumanchi Mandal, Khammam District. ...PETITIONERS AND t 1. The State of Telangana, Rep by its Principal Secretary Revenue (Stamps and Registration), Secretariat, Hyderabad.
2. The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad.
3. The Sub-Registrar, Khammam (R.O), Khammam, 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 Writ or direction preferably Writ of Mandamus, declaring the inaction of the Respondent No.3 in receiving, registering and releasing the three Sale deeds presented by Petitioner No.1 in respect of an extent '141 .22 Sq.yards in Plot No. 535/A in Survey No. 159/A situated at Velugumatla Revenue Village, Khammam Urban Mandal, Khammam District, an extent 623.88 Sq.yards in Plot Nos.6 and 7 in Survey No.72 situated at Khanapuram Haveli, Khammam Urban Mandal, Khammam District, an extent 900 Sq.yards in Plot Nos. 9 to 'l 1 in Survey No.159/A situated a't Velugumatla Revenue Village, Khammam Urban Mandal, Khammam District, one sale deed presented by Petitioner No.2 in respect of an extent 1641 Sq.yards in Plot No. 12 in Survey No.'|59/A situated at Velugumatla Revenue Village, Khammam Urban Mandal, Khammam District in pursuant to Memo No.G2l25712019, dated- 261O812020, issued by the Respondent No.2 as illegal, and arbitrary and without jurisdiction and to consequently direct the Respondent No.3 to receive, re.gister and release the four sale deeds presented by the petitionerb and their vendors in respect of subject property without the reference of the Memo No.G2125712O19, dated 2610812020, issued by the Respondent No.2. lA NO: 1 OF 2021 14 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 Respondent No 3 to receive register and release the three sale deeds presented by the petitioner No.1 in respect of an extent 141 .22 Sq.yards in Plot No 535/4 in survey No 159/A situated at Velugumatia revenue Village Khammam Urban mandal Khammam District an extent 623.88 Sq yards in Plot No1 6 and 7 in Survey No 72 situated at Khanapuram Haveli Khammam Urban Mandal Khammam District an extent 900 Sq yards in Plot Nos.9 to 11 in Survey No 159/A situated at Velugumatla Revenue Village Khammam Urban Mandal Khammam District one sale deed presented by Petitioner No 2 in respect of an extent 1641 Sq yards in Plot No 12 in Survey No 159/A situated at Velugumatla Revenue Village Khammam Urban Mandal Khammam District without the reference of the Memo No G2125712019 dated 2610812020 issued by the Respondent No 2 pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioners: SRI KOWTURU PAVAN KUMAR Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION WRIT PETITION NO: 34983 OF 2021 Between:
1. B. Komuraiah, S/o Late Rajamallu, Aged about 58 years, Occ. Pvt.Employee, R/o Flat No.206, Kalyan Plaza Apts, Officers Colony, Sharadha Bus Stop, A.S. Rao Nagar, Kapra, Secunderabad.
2. Potharam Yadagiri, Sio Late Rajaiah, Aged about 59 years, Occ. Agriculture, Rlio H.No.1-97, Gajularamaram Village, Quthbullapur Mandal, tMedchal- Malkajgiri District.
3. Kuthadi Venkatesh, S/o Durgaiah, Aged about 48 years, Occ. Business, Fl/o. H.No.7-109, Yapral, J.J. Nagar Colony, Secunderabad
4. K.Chandra Mohan, S/o Babaiah, Aged about 45 years, Occ. Business, Fl/o. H.No.2-129lG, Gajularamaram Village, Quthbullapur, Mandal, Medchal- Malkajgiri District
5. Chowdarygari Ranga Reddy, S/o Late Linga Reddy, Aged 61 years, Occ. Employee, R/o H.No.4-59, Mettukaniguda, Gajularamaram, Quthbullapur Mandal, Medchal-Malkajgiri District
6. Chowdarygari Laxmi, W/o Ranga Reddy, Aged 55 years, Occ. Housewife, Ri/o H.No.4-59,. Mettukaniguda, Gajularamaram, Quthbullapur Mandal, Medchal- Malkajgiri District. l5
7. Dammagari Ravali, W/o Prasad Reddy, Aged 36 years, Occ. Housewife, Fl/o H.No.5-187, S.R.Naik Nagar, IDA Jeedimetla, Quthbullapur Mandal, Medchal- Malkajgiri District
8. Amaram Aruna, Wo Hemanth Reddy, Aged about 34 years, H.No.3-37l1, Gundlapochampally Village, Medchal-Malkajgiri District
9. Datharapalli Hymavathi, W/o Prathap Reddy, Aged 3.2 years, Occ. Housewife, R/o H.No.'l-2111 , Jinnaram village, Sanga Reddy District 'l0.Chowdarygari Muthyam Reddy, S/o Ranga Reddy, Aged 32 Employee, Fl/o Plot No.300, Adarsh Nagar, Gagularamaram, Mandal, Medchal-Malkajgiri District years, Occ. Quthbullapur '1 '1 .Chowdarygari Narsimha Reddy, S/o Ranga Reddy, Aged about 28 years, Occ. Employee, Rl/o Plot No.300, Adarsh Nagar, Gagularamaram, Quthbullapur Mandal, Medchal-Malkajgiri District Rep by their GPA Holder, M/s. Veenus arcade, Rep. by its Partner, K.Raja Reddy S/o Siva Rami Reddy, Aged 42 yea$, Fl/o Plot No.534, Vivekananda Nagar, Kukatpally, Hyderabad.
12. Parsha Srinivas Yadav, S/o Kishtaiah, Aged 45 years, Rl/o Mettukaniguda, Gajularamaram Mandal, Medchal-Malkajgiri District. 'l3.Parsha Bhaskar Yadav, S/o Kistaiah, Aged 43 years, Rl/o Meftukaniguda, Gajularamaram Mandal' Medchal-Malkajgiri District' ...pETrroNERS AND
1. State of Telangana, Rep.by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad. The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad. The Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District, (Erstwhile Ranga Reddy District). 2 J ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances state-d 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 Mandamus declaring the action of the 3'd Respondent in refusing to entertain registrations in respect of Plots in the Layout in Sy.Nos.135, 139, 140 and 141, toiai admeasuring Ac.'l -00 guntas of Gajularamaram Village, Quthbullapur Mandal, Medchal-Malkajgiri District (Erstwhile Ranga Reddy District) on the basis of Memo issued by the 2nd Respondent in Memo No. G2125712O19, daled 26108t2020 is illegal and arbitrary and in violation of orders passed in W.P.No. 9248 ot 2021, dated 2318t2O21 and consequently direct the 3'd Respondent to receive, register and release the sale deeds pertaining to Plots in t6 the Layout in Sy.Nos.135, 139, 140 and 141 , total admeasuring Ac.1-00 guntas of Gajularamaram Village, Quthbullapur Mandal, Medchal-Malkajgiri,District (Erstwhile Ranga Reddy District) notwithstanding the Memo No. G2l257l2O19, dated 26tOBt2O20 issued by the 2nd Respondent. lA NO: 1 OF 2O2'l Petition under Section 151 CPC praying that in the circumstances sfated 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 sale deeds of the petitioners in respect of Plots in the Layout in Sy.Nos.'135, 139, '140 and 141 , total admeasuring Ac.1-00 guntas of Gajularamaram Village, Quthbullapur Mandal, Medchal-Malkajgiri District (Erstwhile Ranga Reddy District) without reference to Memo No. G2125712O19, daled 26t0812020, issued by the 2nd Respondent, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SRICHARAN TELAPROLU Counsel for the Respondents: AGP FOR STAMPS AND REGTSTRATTON WRIT PETITION NO: 34986 OF 2021 Between: 1 . Mathi Chandra Sekhar, S/o Sriramulu, aged 42 years, R/o Villa No.21, Pleasant Villa, KRCR Harithavanam Colony, Bachupally, Hyderabad.
2. 9uddapalli Dinesh Varma, S/o Late S.V. Subba Rao, aged 23 years, S/o plot No.41 , Gokul Plots, Venkataramana Colony, KPHB, Kukatpally, Hyderabad. ...PETITIONERS AND
1. The State of Telangana, rep. By its Secretary, Revenue (Stamps - Registration ) Department, Secretariat, Hyderabad. 2. The Commissioner and lnspector General of Telangana State. Registration and Stamps,
3. The Sub-Registrar, Quthbullapur, Medchal Malkajgiri District. 4. The Dundigal Municipality, Dundigal, Medchal Malkajgiri District, rep. by its Commissioner. ...RESPONDENTS t7 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 Deeds submitted by the petitioners along with co-owners for registration with regard to the Semi{inished Flat No303, 304 in Third Floor 404 in Fourth Floor, with built up area of 1050, '1050 and 1105 sft., in SRIKARA RESIDENCY, along with Car Parking and un-divided share of land in Plot Nos.'l 1 and 22, in Sy.Nos.'17318, 17316, 172 and 17317 of Sri Sai Balaji Enclave, situated at Mallampet village, Dundigal-Gandimaisamma Mandal, Dundigal Municipality, Medchal Malkajgiri District on the ground of Memo bearing No.G2125712019 dt.26lO8l2O2O issued by the 2nd respondent and the letter issued by the 4th respondent restraining the registrations, as highly illegal, arbitrary and contrary to the orders of this Hon'ble Court in WP.No.924B of 2021 and set aside the same and consequently direct the 3rd respondent to receive, register and release the Sale Deeds submitted by the petitioners along with co-owners for registration with regard to the Semi-finished Flat No.303, 304 in Third Floor 404 in Fourth Floor, with built up area of 1050, 1050 and 1105 sft., in SRIKARA RESIDENCY, along with Car Parking and un-divided share of land in Plot Nos.1 1 and 22, in Sy.Nos.17318, 17316, 172 and 17317 of Sri Sai Balaji Enclave, situated at Mallampet village, Dundigal-Gandimaisamma Mandal, Dundigal Municipality, Medchal Malkajgiri District, without reference to the memos No.G2125712019 dl.26tOBl2O2O issued by the 2nd respondent and letter of the 4th respondent. 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 3'd respondent to receive, register and release the Sale Deed submitted by the petitioners along with co-owners for registration with regard to the Semi- finished Flat No.303, 304 in Third Floor 404 in Fourth Floor, with built up area ol 1050, 1050 and'l 105 sft., inSRIKARA RESIDENCY, along with Car Parking and un-divided share of land in Plot Nos.11 and 22, in Sy.Nos.17318, '17316, 172 and 17317 ot Sri Sai Balaji Enclave, situated at Mallampet village, Dundigal- Gandimaisamma Mandal, Dundigal Municipality, Medchal Malkajgiri District, l8 without reference to the memos No.G2t257l2O19 dt.26t}8t2120 issued by the 2nd respondent and letter of the 4th respondent pending disposal of the writ petition. Counsel for the Petitioner: SRI N. M. KRISHNAIAH Counsel for the Respondents No. I to 3: AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.4: SRI N. PRAVEEN KUMAR, S.C. FOR MUNICIPALITIES WRIT PETITION NO: 33291 OF 2021 Between:
1. Sri.Md. Hammed Gousuddin, s/o. Mohammed Yousuf, Aged 27 years, Occ. Business, Rl/o. H.No. 5-3-72, Shantinagar Street, Zaheerabad Town and Tahsil, Sanga Reddy District.
2. Sri.Mohammed Akbar, sio. Mohammed Shareef, Aged 25 years, Occ. Business, Rt/o.H.No.5-3-121 , Shanthinagar Street, Zaheerabad Town and Tahsil, Sanga Reddy District. ...PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Stamps and Registration Department, Secretariat, Hyderabad. The Commissioner and lnspector General, Stamps and Registration, Moazzam Jahi Market, Hyderabad, T.S. lah.e.erqbad Municipality, Rep. by its Commissioner, Zaheerabad, Sanga Reddy District. 2 3 4 The Sub-Registrar, Zaheerabad Mandal, Sanga Reddy 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no.4 in not receiving, registering and releasing the documents presented by the petitioners in favour of prospective purchasers produced by the petitioner, basing on the Memo issued by the Respondent no.2 vide No.G2l25712019 dt. 26.08.2020 and Amended Memo no.G2l25712019 dat;d. 29.12.2020 in respect of the unapproved plots bearing Nos. 65, 66, 67, 68, 69, 70, 75, 76, 77, 78, 81, 82, 89, 91, 92, 93, 94, 95, 96,97,98,99 and100 of "RED STONE VALLEY" in Sy.no.96/4,4l, Sy.No. 19 96/U1, Sy.No. 95/Al , Sy.no.95/43 and Sy.No.96/A3 Sy.No.96/A5 situated at Hoti K Village, Zaheerabad Mandal, Sanga Reddy District, Telangana State, inspite of order d1.23.08.2021 passed by this Hon'ble court in WP.No. 924812021 as illegal, arbitrary and violation of Articles 14,21 and 300 A of Constitution of lndia and also in violatidn of principles of natural justice and consequently direct the respondent no.4 to receive, register and release thddocuments presented by the petitioners in favour of prospective purchasers for the unapproved plots bearing Nos. 65, 66, 67, 68, 69, 70, 75, 76, 77 , 78, 81 , 82, 89, 91 , 92, 93, 94, 95, 96, 97, 98,99 and100 of "RED STONE VALLEY" in Sy.no.96/4A1 , Sy.No.96/U1, Si.tto. SSlnt, Sy.no.95/A3, Sy.No.96/43 & Sy.No.96/45 situated at Hoti K Village, Zaheerabad Mandal, Sanga Reddy District, Telangana State. Prayer is amended as per Court Order dated 04.01 .2022 in l.A. No. 3 of 2021 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 respondent no.4 herein to receive, register and release the documents presented by the petitioners in favour of prospective purchasers produced by the petitioners in respect of unapproved plots bearing Nos. 65, 66, 67, 68, 69,70,75, 76, 77, 78, 81, 82, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99 and 100 of "RED STONE VALLEY" in Sy.no. 96/AA1 , Sy.No. 96/U'l , Sy.No. 95/Al , Sy.no.95/A3, Sy.No.96/A3 & Sy.No.96/A5 situated at Hoti K Village, Zaheerabad Mandal, Sanga Reddy District, Telangana State, pending disposal of the writ petition. Prayer is amended as per Court Order dated 04.O1 .2022 in l.A. No. 3 of 2O21 Counsel for the Petitioner: SRI PRAMOD SINGH Counsel for the Respondents No.1 , 2 & 4: AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRI N. PRAVEEN KUMAR, S.C. FOR MUNICIPALITIES 20 WRlT PETITION NO: 33358 OF 2021 Between:
1. Sri.Md. Hammed Gousuddin, s/o. Mohammed Yousuf, Agel 27 years, Occ. Business, Fi/o. H.No. 5-3-72, Shantinagar Street, Zaheerabad Town and Tahsil, Sanga Reddy District. 2. Sri.Moharnmed Akbar, s/o. Business, Fl/o.H.No.5-3-121, Tahsil, Sanga Reddy District. Mohammed Shareef, Shanthinagar Street, 25 years, Occ rabad Town and Aged Zahee ...PETITIONERS AND 1 2 3 4 The State of Telangana, Rep. by its Principal Secretary, Revenue Stamps and Registration Department, Secretariat, Hyderabad. The Commissioner and lnspector General, Stamps and Registration, Moazzam Jahi Market, Hyderabad, T.S. Zaheerabad Municipality, Rep. by its Commissioner, Zaheerabad, Sanga Reddy District. The Sub-Registrar, Zaheerabad Mandal, Sanga Reddy District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia 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 Mandamus declaring the action of the respondent no.4 in not receiving, registering and releasing the documents presented by the petitioners in favour of prospective purchasers produced by the petitioner, basing on the Memo issued by the Respondent no.2 vide No.G2l25712019. dl. 26.08.2020 and Amended Memo no.G2l25712}19 daled. 29.12.2020 in respect of the unapproved plots bearing Nos. 246, 247, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 268, 269, 270, 27'1, 274, 275 and 283 of "RED STONE VALLEY" in Sy.no.96/4,41, Sy.No.96iU'l , Sy.No.95/Al, Sy.no.95/A3, Sy.No.96/A3 & .Sy.No.96/A5 situated at Hoti K Village, Zaheerabad Mandal, Sanga Reddy District, Telangana State, inspite of order dt.23.O8.2021 passed by this Hon'ble court in WP.No. 924812021 as illegal, arbitrary and violation of Articles 14,21 and 300 A of -Constitution of lndia and also in violation of principles of natural justice rand consequently direct the respondent no-4 to receive, register and release the documents presented by the petitioners in favour of prospective purchasers for the unapproved plots bearing Nos. 246, 247, 251 , 252, 253, 254, 2r 255, 256. 257. 258, 259. 260. 261 , 262, 263, 264, 265, 268, 269, 270, 271, 274, 275 and 283 of "RED STONE VALLEY" in Sy.no. 96/AA1, Sy.No. 96/U1, Sy.No. 95/A1 , Sy.no.95/A3, Sy.No.96/A3 & Sy.No.96/A5 situated at.Hoti K Village, Zaheerabad Mandal, Sanga Reddy District, Telangana State. Prayer is amended as per Court Order dated 04.01 .2022 in l.A.No.2 ot 2021 IA NO 10F 2021 Petition under Section 151 CPC praying that in the circumstances stated in thp affidavit filed in support of the petition, the High Court may be pleased to direct the respondent no.4 herein to receive, register and release the documents presented by. the petitioners in favour of prospective purchasers produced by the petitioners in respect of unapproved plots bearing Nos. 246, 247, 251 , 252, 253, 254, 255,256,257, 258, 259, 260, 261 , 262, 263, 264, 265, 268, 269, 270, 271, 274,275 and 283 of "RED STONE VALLEY" in Sy.no. 96/AA1 , Sy.No. 96/U1, Sy.No. 95/Al , Sy.no.95/43, Sy.No.96/43 & Sy.No.96/45 situated at Hoti K Village, Zaheerabad Mandal, Sanga Reddy District, Telangana State, pending disposal of the writ petition and pass Counsel for the Petitioner: SRI PRAMOD SINGH Counsel for the Respondents No.1, 2 & 4: AGP FOR STAMPS AND REGISTRATION Counsel forthe Respondent No.3: SRI N. PRAVEEN KUMAR, S.C. FOR.MUNICIPALITIES The Court made the. following: COMMON ORDER +.:' THE HON'BLE SRI JUSTICE K.SARATH WRIT. PETITION Nos.33 13O 33132 33139 33158 33170, 33203, 332L4, 34aa2, 3498'1, 34983, 349a6, 3329L and 33358 of2O2L. COMMON ORDER: Since common issues are involved in all these matters, they are being disposed ol by this common order.
2. Heard learncd counsel appearing for the petitioners in all the wri t. petitions and learned Assistant Government Pleader lor Stamps and Registration appearing for lhe respondents and perused the materia_l on record.
3. Learned counsel lor the petitioners submits that in a-11 the writ petitions the petitioners are questioning the one a:ld the same impugned Memo No.{\2/257/2019 dated 26.08.2O2O and in similar matters, this Court passed Common Order dated I8.O2.2O22 in W.P.Nos.328 of 2022 and batch. In view of the same, Iearned counsel ' "*, " w,P.Nos.3373o *,ofjrfr requested this Court to pass the said similar order in these matters also
4. Learned Assistant Government Pleaderfor Stamps and Registration did not dispute the submissions made by the learned counsel for the petitioners with regard to the disposal of W P'No'328 of 2022 and batch dated 18.02.2022.
5. In view of the said submissions and for the reasons assigned by this Court in W'P'Nos'328 of 2022 and batch dated 18.02 .2022, these writ petitions are disposed of by following said order with the following directions: (i) Henceforth, ali the Sub Registrars in the State shall -register the documents of sale, transfer and gift etc., presented for registration without reference to the Memo Nos'G2/257 l2Ol9 dated 26.08.2020 and 29.12'2020 issued by the inspector General of Commissioner ald Registration and Stamps' Telangana; Letter No.45lTPlNMC/2}lg dated O1' ll'2OL9 issued by 3 SI(, J W.P.iVos.3sI30 ol 2021 & the Commissioner, Municipa.l Corporation, Niz4mpet to the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State; (ii) the Sub Registrars in the State sha-ll make al endorsement at the reverse side of the first page of the document referrcd in direction No. (i) that registration so done is subject to oulcome of SLP (Civil) No.19695 of 2O2l filed by the State Government before the Hon'ble Supreme Court; (iii) in case, it is found that there is any violzrtion of iaw like plots being sold are of unauthorised layouts/ unauthorised structures I land and plots forming part ol F.T.L. arrd Buffer Zonef Plots having less thal 3O fect road width access, the Sub Registrar shall make an endorsement informing/ cautioning the purchasers that risk is involved in purchase of such plots, such trarisactions are hit by relevant statutory provisions; that the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 ol 2021. Such endorsement shall be made on the first page N I I a) 4 sr(, J I7.P.Nos.33I3O oJ 2027 & also in the encumbrance of the document and record, website etc.
6. The Registry is directed to annex a copy of the Common Order dated 18.02.2022 in W.p.Nos.32B of 2O22 and batch along with this common order.
7. Miscellaneous applications, if any pending in these petitions, shall stand closed. There shall be no order as to costs. //TRUE coPY/t SD/-MOHD. ISMAIL DEPUTY REGISTRAR I I SECTIO{ OFFICER I To,'1. The Principal Secretary, Revenue (Stamps and Registration), State of Telangana, Secretariat, Hyderabad.
2. The S"ub-Registrar, Quthblllapur, IVledchal-Malkaigiri District. 3. The Commi-ssioner, Nizampet Municipality, Nizampet, Medchal Malkajgiri
4. The District Registrar, Registration and Stamps Department, Ranga Reddy District District.
5. The Sub-Registrar, Stamps and Registration Department, Rajendranagar, Registrar, Revenue (Registration and Stamps) Department, Ranga Reddy District -District -
6. The Ranga Reddy District. Abdullapurmet, Ranga Reddy District
7. The-Sub Relistrar, Revenue (Registration and Stamps) Department, SRO, B. The Sub-Registrar," Stamps and Registration Department, Quthbullapur, Revenue Department, State of Telangana, 9. The Principal 10.The Commislioner and lnspector General of Registration and Stamps' Medchal-Malkajgiri District Secretariat, Hyderabad. --Secretary, Telangana, Office at Moazamjahi Market Road- Hyderabad. . The Sub-Registrar, Sangareddy, Sangareddy District '1 '1
12. The Distdci Registrar, RegiStration and Stamps Department, Medchal- Malkajgiri District. CNU 23 'l 3. The Distrtct Registrar, Revenue (Registration and Stamps) Department, Ranga Reddy District.
14.The-Sub Registrar, Revenue (Registration and Stamps) Department, SRO, Champapet, Ranga Reddy District 'l5.The Sub-Registrar, Khammam (R.O), Khammam, Khammam District 16.The Sub-Registrar, Quthbulldpur,.Medchal-Malkajgiri District, (Erstwhile Ranga Reddy District). -Secretary, Revenue (Stamps and Regiskation) Department, State of 1 7. The . Telangana,Secretariat, Hyderabad. 1 8.The Sub-Registrar, Quthbullapur, Medchal Malkajgiri District. '1 9. The Commissioner, Dundigal Municipality, Dundigal, Medchal Malkajgiri District.
20. The Commissioner, Zaheerabad Municipality, Zaheerabad, Sanga Reddy District.
21.The Sub-Registrar, Zaheerabad Mandal, Sanga Reddy District 22.One CC to SRI RAJAGOPALLAVAN TAYI, Advocate [OPUC] 23.Two CCs to GP for Stamps and Registration, High Court for the State of Telangana at Hyderabad. [OUTI
24.One CC to SRI N. PRAVEEN KUMAR, S.C. for Municipalities [OPUC] 25. One CC to SRI SRIKANTH KAVETI, Advocate [OPUC] 26.One CC to SRI MOHD MOIN AHMED QUADRI, Advocate IOPUC] 27.One CC to SRI SRIKANTH KAVETI, Advocate [OPUC] 28.One CC to SRI PRAKASHCHAKRAVARTHY, Advocate [OPUC] 29.One CC to SRI KOWTURU PAVAN KUMAR, Advocate [OPUC] 30. One CC to SRI SRICHARAN TELAPROLU, Advocate [OPUC] 31. One CC to SRI N. M. KRISHNAIAH, Advocate [OPUC] 32.One CC to SRI PRAMOD SINGH, Advocate IOPUC] 33.Two CD Copies Along with a Copy of the Common Order dated 18.02.2022 in W.P.Nos. 328 ot 2022 & Batch. MP BS t 6i"v F. fr 24 n t I HIGH COURT DATED:1010412025 COMMON ORDER W.P.Nos.331 30, 33132, 33139, 3315g, 33170, 31203, 33214, 34882, 34981, 349g3, 349g6, g32g1 and 3335g ot 2021. -:-:-\r- ;1J 1:: S 14 ;-)\,. 'oo) 20 MIIAY \ )> J 'J t DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS e HONOTJRABLE SRI JUSTICE B. VIJAYSEN REDDY \vRIT PF],TI TIONNos.3).* t236 1272 2852 290E.2913,2936,2985.3045, 3046 AND 4991 0F 2022 COMMONORDER: Since common issues are involved in all these matters, they are being disposed ofby this common order with the consent ofboth sides at the stage of admission itself.
2. These writ petitions have been filed to declare action o[ various Sub Registrars in the State in refusing to receive, process, register and release the sale deeds, gift deeds etc., presented by the petitioners, on the grounds of the Memo bearing Nos.G2l257120I9 dated 26.08.2020 and dated 29.12.2020 issued by the Commissioner and Inspector General of Registration and Stamps, Telangana (hereinafter referred to as 'C&IG'), and the Letter No.45ITPA.IMC/2019 dated 01.11.2019 issued by the Commissioner, Municipal Corporation, Nizampet to the Sub Registrar, Quthbullapur, Ranga Reddy District, as being illegal, arbitrary and unconstitutiona[.
3. The Memo No.G2/25712019 dated 26.08.2020 issued by thc C&lG reads as under: - "It is the objective of the state govemment to ensure planned development in the state. Various statutes and rules have been made with safeguards to see that the aboye objective is achieved. The Telarigana Municipalities Act, 2019 aud the Telangana Panchayat Raj Act, 2018 provide for c 2 safeguards agaiost registration of unapproved plot, subdivisions, buildings and structures, etc.
2. The relevant provisions of the above mentioned acts and other relevant rules are as follov's: Section l'72(16) of the Telangana I Muoicipalities Act, 2019 which stipulates that ".ly'o new plols or sub-division shall be registered by Registration Authorily unless il is approved by the authorirt- as pe r the provisions of the Act". Section 178(3) of the Telangaua ii. Municipalities Act, 2019 which stipulates tlat "'[he Registrqtion Authoriry shall not regisler qny building or stntcture or part of the building withoLtl the production of sanctioned plan approvel hv the Municipality". iii. Sectlon I 13 (8) of the Telangana Panchayat Raj Act, 2018 which mandates that "No pieces of land .for building purpose shall be sold by any owner or deteloper which is not a pdrl of an approvtl layout: Provided that it shall not be applicable to plols of land in Grama Kanlqm havinq an existing buildingi'. iv. Under Rule 13(C) of Telangana Regularisation of Unapproved Illegal Layout Rules, 2015 (G.O.Ms.No.l5l, MAUD Department, dated 02.11.2015) (Failure to come forward for Regularisation of unapproved layouts/plots) it has been specified that ".tuc, unapprot,ed layouts shall be recorded in the prohibitory properlies of the Registration 3 Dep.trtrrtent and no sale/disposol or lronsaclions shdll be allowed in such sites." v. Rule 26(h) of Commou Building Rules [G'.O.Ms.No.168, MAUD Department dated O7.O4.2Ol2l stipulates thal "The Registraili;i authority shall regtster only the permitted built up area as per the sanctioned plan and only upon producing and filing a copy of such sdnctioned building plan. On the registration document it should be clearly mentioned lhal the regislralion is in accordance with the sanclioned building plan in respect of setbacks and number of floors." In order to enforce the above statutory and
3. rule positions, the following instructions are issued in respect ofregistration ofopen plots or structures in any Panchayat, Municipality or Municipal Corporation including GHMC: i. Plot in approved/authroised layouts only shall be registered. Only the plots in layouts approved as per law by the competent authority and plots which are regularised under LRS (Layout regulatisation Scheme) schemes issued b! the Governinent from time to time can be registered. Plots io unauthorised layouts shall not be registered even though the same plot Y/as registered earlier. ii. Authorised Structures only shall be registered. Hosues, buildings, apartments (flats) or any structures shall be registered only if they have the approyal/permissiorl from the competent authoriry aDd on the registered document it should be clearly 4 mentioned that the registration is in accordance with the sanctioned building plan. Registenng authority shall not register any part of a 'buitding or structure beyond the approved sanctioned plan. Earlier registration of tke' strucnrre will nto make it registerable now. The strucrures which have proceedings under BRS (Building Regularisation Scheme),/EIPS (Building Peoalisation Scheme) schemes issued by the Govemment from time to time can be registered. However, existing buildings in Grama Kan[am can be registered as per provisions of Telangana Panchayar Raj Act, 20 t8.
4. Persons seeking registration of properties shall be asked by the Registering Authority to Produce relevant sanction orders/approvals from the competen[ authority at the time of presentation of the documents.
5. The above instructions are issued for strict compliance and shall come into force with immediate effect. Any violation of instructions shall iovite stringent disciplinary action." (a) The clarification to the Memo No.GA25712019 dated
26.08.2020 vide Memo No.G2125712019 dated 29.12.2020 issued by the C&lG reads as under: *1) In the reference cited, certain instructions hae been issued with regard to registration ofplots and lhrchrres. Certain difEculties have been 5 encountered by public and several represontations have been received in this regard. 2) In order to obviate any hardship relating to relistration of documents, after careful consideration of the relevant provisions of law arij circumstances, the following clarifications are issued, in partial modification of hte instructions cited under reference above: i) Registration can be taken up in respect of open plots/structures, if the same has been acquired by the present owner through a valid registered document earlier. ii) However, no "new plot" shall be registered unless it has been approved by the competent authority or is in an autborised layout. New plot would mean a fresh plot which is being brought for registration for the first time or being sold by developers for the Frst time. iii) As clarified earlier, there is no restriction on registration of plots in authorised layouts, plots regularised under earlier LRS Schemes and buildings/structures covered under iarlier BPS/BRS/ Schemes. 3) The sub-Registrars may follow the above iostructions scrupulously. 4) The District Registrarc & DIsG shall ensure that- the above instructions are implemented scrupulously." 6
4. The Memo No.G2/257 /2O19 dated 26.08.2O2O issued by the C&IG, and the letter No.45/TPA'{MC/ 2019 dated 01.11.2019 issued by the Municipal Commissioner were under challenge in W.P. No.9248 of 2021 which was allowed by a leamed Division Bench of this Court by the order dated 23.08.2021 . The learned Division Bench declared action of the Sub Registrar, Quthbullapur, Ranga Reddy , District in refusing to receive, process, register and release the sale deed presented by the petitioner therein in respect of a residential flat on the grounds of the letter No.45/TP,NMC/2019 dated 01-11.2019 and Memo Nos.G2/25712019 dated 26.08.2020 and dated 29.12.2020 and that subject property is part and parcel of the lands covered under C.S. No.14 of 1958 (not relevant in the present case), as arbitrary, illegal, without any jurisdiction, contrary to the provisions of the Registration Act, 1908 and in violation of Article 14 of the Constitution of India, and a consequential direction was given to the Sub Registrar to receive, register and release the sale deed presented by the petitioner therein in respect of the property therein without reference to the letier bearing No-45/TP/NMC/201 9 dated 01.11.2019 issued by the Commissioner Municipal Corporation, Nizampet and the Memo Nos.G2l257 /2019 dated 26.08.2020.
5. The N izampet Municipal Corporation and others filed Special Leave to Appeal (C) No.19695 of 202t before the Hon'ble Supreme Court ryherein the oider dated 13.12.2021 was passed which reads as under: 7 "lssue notice on interim relief and in Special L€ave Petition, retumable in frve weeks' Respondent is granted three weeks time to file courter affidavit, Petitioner shall have two weeks' time thereafter to hle rejoinder affrdavit "
6. Despite the learned Division Bench passing the order dated
23.08.2021in W.P. No.9248 of 2021 which operates in rem' several documents presented before the concemed Sub Registrar offices are not being entertained on the grounds of afore-referred Memo Nos.G2/25712019 dated 26.08 2020 and 29 12'2020 issued by the C&IG, and the Letter No.45/TPA'{MC/2019 and similar letters' if any' issued by the Municipal Commissioners' Huge number of about more than 5,000 cases have been filed belore this Court challenging the action of the concerned Sub Registrars in the State in not entertaining the sale deeds / gift deeds presented for registration based on the aforesaid Memos issued by the C&lG and the letters issued by the concerned Municipal Commissioners to the Sub Registrars Since the order dated 23.08.2021passed by the learned Division Bench in W P' No.9248 of 202t tiad not been stayed or suspended by the Hon'ble Supreme Court vide order dated 13 '12'2021 in S'L'P' (Civil) No.19695 of 2021 , this Court did not have any altemative but to pass interim orders in all such writ petitions directing the concerned Sub Registrars to receive, process, register and release the documents submined before them subject to outcome of above S'L'P' For the i 8 sake ofconvenience, the order passed by this Court in one such matter i.e. W.P. No.l077 of 2022 dated,06.01.2022 is extracted below: . "Having regard to the orders passed by the Division Bench of this Court in W.P. No.9248 of 202[ dated 23.08.2021, the official respondents are directed to receive, process, register and release the sale deed/s presented by the petitioner/s, without reference to Memo No.G2257/2019 dated 26.08.2020 and Memo No.G2l257/2019 dated 29.12.2020 as expeditiously as possible, pret'erably within a period of lour (4) weeks from the datc of receipt of a copy of this order, subject to the petitioner/s complying with the provisions of the Indian Registration Act, 1908, and lndian Stamps Act,
1899. However, any such regrstration shall be subject to final result of rhe writ petition. Registry shall make an endorscment oo the writ petition to the effect that the same shall not be permitted to be withdrawn."
7. This Court has taken cognizance of the huge numher of cases being filed on day-today basis and difficulties expressed by the leamed counsel for the petitioners that certified copies of the orders are not being issued by the concemed Section of the Court even for more than 10 - 15 days of orders being passed. There is every possibility of this Court being flooded with many more thousands of similar cases. In order to obviate the difficulties and to ensure that i 9 hardship is not faced by the parties, many of whom have entered into transactions worth lakhs and crores of rupees and taking judicial notice of the situation that the parties are driven to the Courts aggrieved by the action of the registering authorities in not receiving / processing transfer documents presented for registration/s in spite of the order dated, 23 .O8.2O21 in W.P. No.9248 of 2021 passed by a leamed Division Bench of this Court; that routine interim orders have been passed by this Court, pursuant thereto documents have been registered and released; this Court was of the opinion that all these matters can be finally disposed of since the main grievance of the parties regarding non-registration of documents stood redressed. In the backdrop of above facts and circumstances, this Court requested Mr. Pavan Kumar, learned Assistant Govemment Pleader for Revenue, to take necessary instructions from the learned Advocate General and report this Court as to whether general instructions can be issued to the registering authority to entertain documents presented for registration with a condition that registration shall be subject to outcome of SLP (Civil) No.19695 of 2021 pending before the Hon'ble Supreme Court.
8. Mr. B.S. Prasad, learned Advocate General, assisted by Mr. Harender Pershad, leamed Special Governrnent Pleader, appeared before this Court and requested for some time so that the matter can be discussed a6 the highesi [eve[ in the Govemment and some l0 arrangements are made to ensure that the citizens at large are not put to hardship due to the prevailing stalemate.
9. Havifrg taken instructions from the Government, the leamed Advocate General has submitted a brief note before this Court ln the said note, the learned Advocate General has brought to the notice of this Court that a Division Bench comprising of the then Hon'ble the Chief Justice and myself has refused to interfere with the Memos dated 26.08.2020 and 29.12.2020 on the ground that prohibition is only for registration of plots / structures by the developers in the unauthorized layout/s or structures. It was further pointed out by the leamed Advocate General that amendments to the Panchayat Raj Act and the Municipal Act clearly prohibit registration in unauthorised layouts and structures and the registering offrcers are duty bound to follow the statutory provisions regardless of the Memo dated
26.08.2020 issued by the Commissioner and Inspector General of Registration and Stamps, Telangana. That the Division Bench which passed order in W..P. No.9248 of 2021 held that the Commissioner, Municipal Corporation, Nizampet has no authority to issue letter No.45/TPA{MC/2019 dated 01'1 1.2019 and there is a procedural error and consequently directed the concerned Sub Registrar to receive, register and release the sale deed presented by the petitioner therein without reference to the said letter and the Memo dated 26-08'2020'
10. As nlted above, SLP (Civil) No'19695 of202t was filed by the Government on 27 .10.2021 and the same is pending before the Supreme Court. The leamed Advocate General submitted that all the matters pending before the High Court may be disposed of directing that the concemed Sub Registrars may examine the documents and take necessary further action in accordance with law including the Memos issued by the Commissioner and lnspector General of Registration and Stamps, Telangana, and the Lefters issued by the Municipal Commisioners, and the panchayat Raj and Municipal Acts in terms of the orders in W.p. (ptL) No.2 t 0 of 2020 dared 28.07 .2021 and outcome of SLp (Civil) No. I 9695 of 202 I . ll. In order to give reasonable opportunity of hearing to the leamed counsel appearing for the petitioners, the maners were risted on 07 .02.2022
12. Mr. Mayur Reddy, Mr. S. Sridhar, Mr. I.V. Radha Krishna Murthy, Mr. Alladi Ravinder, Mr. Amarender Reddy, Mr. N. Sreedhar Reddy, Mr. Mehar Srinivas Rao and Mr. M.V. Hanumanth Rao, leamed counser appearing on behalf of the petitioners herein and in similar other writ petitions, submitted that the order passed by the leamed Division Bench in W.p. No.19695 of 2021 dated 23.08.2021 is an order in rern and no stay is granted by the Hon,ble Supreme Court in the appeal preferre.d by the Govemment. Hence, the action of the concerned Sub Registrars. in refusing to receive, process, register and release tlie documents presented by the petitioners and various private parties is illegal and unsustainable. l2 (u) The learned counsel further submitted that general directions may be issued to the Sub Registrars concemed to entertain the documents, however, subject to outcome of S.L.P. (Civit) No. 19695 of 2021 pending before the Hon'ble Supreme Court.
13. Mr. Harender Pershad, learned Special Govemment Pleader, has submined that in view of the order dated 28.07.2021 in W.P. (PIL) No.2l0 of 2020 by another Division Bench, the concemed Sub Registrars may be permitted to refuse the documents that may be presented for registration relating to unauthorised layouts and structures (a) The leamed Special Government Pleader has submitted that taking advantage of the order passed by the Division Bench in W P' No.9248 of 2021 dated 23.08.2021, several parties have now started presenting documents for registration without showing minimum road access. He further submitted that minimum road of width of 30 [e et is required to be maintained as per the revlevant statutory rules. But, plots with less than 30 feet road width are being presented for registration, as such, orders may be passed to protect the interest of the State and also to ensure that gullible purchasers are not put to loss and hardship at future point of time. (b) It is also submitted that all registrations may be treated as provisional and,an endorsement may be permitted to be made on the l3 document/s to ensure that subsequent prospective purchaser/s is / are not put to loss in any manner
14. In'reply, Mr. B. Mayur Reddy, leamed counsel appearing for the petitioners, has submitted that the order of the Division Bench in W.P. No.9248 of 2021 is not stayed by the Hon'ble Supreme Court, as such, no condition can be incorporated for treating the registration as provisional.
15. Having considered the submissions of Sri B.S. Prasad, leamed Advocate General, Sri Harender Pershad, leamed Special Government Pleader, Mr. B. Mayur Reddy, leamed counsel for the petitioners, and other counsel appearing for the private parties, this Court is of the opinion that final orders can be passed in all these matters as the same would subserve public itrterest. The leamed Advocate General has assured this Court that if the final orders are passed, it will be ensured that the same would be made applicable to all the parties irrespective of their approaching this Court or not and general instructioris-will be issued to all the registering authorities in the State to entertain registrations in terms of W.P. (PIL) No.2l0 of 2O2O dared 28.07.2021 and subject to outcome of SLP (Civil) No.19695 of2021.
16. It is an undeniable fact that sale of properties rs a continuing progess; severai parties enter into sale and other transactions for their personal necessities and also as a commercial t l4 activity; it would be just and proper to issue general directions to the Government / registering authorities to entertain registration of documents, however, in terms of the order dated 28.07 .2021 in W .P. (PIL) No.2l0 ol' 2020 and subject to outcome of .SLP (Civit) No. 19695 of 2021 .
17. Mr. Harender Pershad, leamed Special Govemment Pleader, has also made a specific request that clarification may be given to the Government to re[use registration of documents presented in respcct of the layouts where width of the roads is less than 30 feet and further where plots / structures are made in F.T.L. and Buffer Zone areas. However, such request of the leamed Special Govemment Pleader is not being considered as the matter is sub judice before the Hon'ble Supreme Court, and this Court is not inclined to make any observations in that regard in the light of the orders passed by the leamed Division Bench of this Court in W.P. No.9248 of 202 L
18. For the aloresaid reasons, these writ petitions are disposed of with the follo*'in! directions without any order as to costs: (i) Henceforth, all the Sub Registrars in the State shall register the documents of sale, transfer and gift etc., presented for registration without reference to the Memo Nos.G2l257 /2019 dated 26.08.2020 and 29.12.2020 issued by the Commissioner and Inspector General of Registration ind Stamps, Telangana; Letter No.45lTP/NMCi20l9 dated 0l.l1.2019 issued by the Commrssioner, Municipal Corporation, Nizampet to the l5 Sub Regiskar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State; (il) the Sub Registrars in the State shall make an endorsement at the reverse side of the firs(page o[ the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civit) 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 being sold are of unauthorised layouts / unauthorised struchrres / land and plots forming part of F.T.L. and Buffer Zone / Plots 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 the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of
2021. Such endorsement shall be made on the first page of the document and also in the, encumbrance record, website etc. As a sequel thereto, miscellaneous petitions, if any, pendrng in these writ petitions stand closed. B. VIJAYSEN REDDY, J Feburary 18,2022- NOTE: As observed in the order, dore than 5,000 similar cases are filed and pending before this Court and a cornmon order is required to be prssed in all those matters. However, to save 6'ge st.tionery, ahis order is passed only in the present writ petitions. The remaining mattcrs will be disposed of separately in terms of this common order as covered matters. (BO) Pv l6 HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No. oF 2022 ORDER: Heard both sides and perused the material on recordi . 2. It is submitted by the leamed counsel on either side that subject matter of this wdt petition is squarely covered by the common brder passed by this Court in W.P. No.328 of ZO22 and, batch dated
18.02.2022.
3. Therefore, following the common order dated 18.02.2O22 in W.P. No.328 of 2022 and batch, in terms thereof, this writ petition is disposed of as under: (i) Henceforth, all the Sub Registrars in the State shall register the documents of sale, transfer and gift etc., presented for registration without reference to the Memo Nos.G2/257/2O19 dated 26.08.2020 and, 29.12.2020 issued by the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPA.,lMC/2019 dated 0l.l1.2019 issued by the Commiss-ioner, Municipal Corporation, Nizampet to the Sub Registrar, Quthbultapur, 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 registratibn so done rr's subject to outcome of SLp (Civil) No.19695 of t'7 2021 filed by the State Govemment before the Hon'ble Supreme Court; and (iii) in case, it is found that there is any violation of law lilte plots being sold are of unauthorised layouts / unauthorised structures / land and plots forming part of F.T.L. and Buffer Zone / Plots 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 the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 202t. Such endorsement shall be made on the first page of the document and also in the, encumbrance record, website etc. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition stand closed. No order as to costs.