Mohammed Anwar vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETI TION NO: 873s oF 2022 Between: AND 1 2 3 IvlohammedAnwar,s/oLateMohammedtv'loulana'.Aoedabout49years' 6l.lnijii.rrtri":'R/b H.-t6.?:3old, e C colony, Brrootpui vitlage and tvlandal, trrti-naUiOnagar District Telangana State ...'ET,T'ONER The State of Telangana, Rep., by its Principal Secretary' Revenue Deoartment, Secretariat, Hyderabad' i[5U;;iit]inJii"o'in.'pector General Resistration and Stamps' Telanoana.

Hvderabad ih;S"r;-R'"stirai, Laocr,eaa, MahabubnagarDistrict ...RESpoNDENTS i I PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedtoissueanyWrit,orderordirectionmoreparticularlyoneinthenatureof WRIT OF IVANDAI\IUS declaring the action of the Respondent No 3 not receiving,registeringandreleasingthedocumentsinfavouroftheprospective purchasers produced by the Petitioner, basing on the Memo issued by the RespondentNo.2videNo.G2l25Tt2O'19dated26-08-2020'andAmendedMemo No.G2t257l2O19 dated 29-12-2020, for unapproved Ptots bearing Nos l ' 2' 3' 4' 5,6,7,8,S, 10, 11,12, 13,14)15, 16, 17,18, 19,20,21 ,22'27'28',36'37'38', 39, 40 ,41 ,42,43,44,45,46,47,49, 50, 51 ,52,53,57, 58,59' 60 (Total 45 Plots) in Sy.No.140/1, situated at Pothulamadugu Village' BhootpuJ Mandal' tvlahabubnagarDistrict,TelanganaState,inspiteoforderdated23.0S-2021 passedbythisHon'bleCourtinWP.No.g24Bl202lisillegal,arbitraryand violation of articles 14, 21 and 300-4 of constitution of lndia also against the principles of natural .iustice and consequently direct the Respondent No'3 to receive, register and release the Document in favour of the prospective purchasers produced by the Petitioner for the unapproved Plots bearing Nos'1, 2, 3, 4, 5,6, 7, B, 9, 10, I 1,12, 13, 14) 15, 16, 17, 18, 19, 20, 21, 22' 0, 21, 22' 27' 28' 36' 37, 38, 39, 40,41, 42, 43, 44, 45, 46, 47, 49, 50, 51, s2, 53, 57, 58, 59' 60 (Total 45Plots)inSy.No.140/l,situatedatPothulamaduguVillage'BhootpurMandal, Mahabubnagar District, Telangana State, Without reference to the Memo issued by the Respondent No'2 vide No'G2/257l20'19 dated 26-08-2020' and Amended Memo No.G2l 257t201g daled 29-12-2020' IA NOl 1 oF2022 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 register and release the Document in direct the Respondent No 3 to receive' produced bY the Petitioner for the favour of the prospective purchasers unapproved Plots bearing Nos' 17, 18, 19,20, 21 , 22, 27 ' 28' 1,2 36, 37, 38, 3, 4, 5, 6, 7, 8, 9, 1o' 11,12, 19', 14) 15', 16' 45 Plots) ln Sy No'140/1' situated at 39, 40 ,4'1 , 42, 43' 44, 45', 46', 47 ' 49' 50, 51 , 52,53, 57, 58, 59, 60 (Total Pothulamadugu Village' Bhootpur Vlandal, trlahabubnagar District' Telangana State, without reference to the Memo issued bY the Respondent No'2 vide No.G2t257l2O19 dated 26-08-2020' and Amended Memo No'G2 125712019 dated 29-12-2020, pending disposal of main Writ Petition.

Counse I for the Petitioner : SRI D.

L.

PAND U Counse I for the Respondents: AGP FOR REVENUE The Court made the following: ORDER T 4 1 1 HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.8739 OF 2022 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.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 in W.P.No.2985 of 2022 and batch, as such, this Writ Petition may be disposed of in terms thereof. (i) The respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc. gift etc., presented for registration by the petitioner/ s without references to the Memo Nos.G2l257 12019 dated 26.Oa.2O2O atd 29.72.2020 issued by the respondent - the Commissioner and Inspector Genera-l of Registration and Stamps, Telangana; Letter No.aslTPlNMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State; i 3.

Therefore, following the Common Order dated 18.02.2022 in W.P.No.328 ot 2022 and batch as modified by the Order dated 22.02.2022 in I.A.

No.2 of 2022 in W.P.No.2985 of 2022, in terms thereof, this Writ Petition is disposed of as under without any order as to costs: ; (ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the flrst page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2027 frled 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. ald 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 registration of the same is subject to outcome of orders of the Honbie Supreme Court in SLP (Civi1) No.19695 of 2O2t.

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 misceilaneous petitions pending, if any, shall stand closed There shall be no order as to costs.

To, ASS'srAi#;fimlil?il //rRUE CoPY// G', SECTION OFFICER The Principal.

Principal.SgcreJary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

The Commissio.ner.and lnspector General Registration and Stamps, I elangana, Hyderabad.

The S^qb-Re_gislrar, Jadcherla, Mahabu bnagar District One CC to Sri D.

Pandu Advocate tOpuel Two CCs to GP for Revenue, High Court forihe State of Telangana at Hyderabad. [OUTI Two CD Copies One Spare Copy i 2 4 5 6.

7, Sm BS *\t.,- I 1.

HIGH COURT DA'IED:2310212022 ORDER WP.No.8739 ol 2022 DISPOSING OF THE WP WITHOUT COSTS 3 2z ltAR zuzz 1 tr,E s 14 i * i I