Shaik Ahmed vs The State of Telangana and 2 others

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 PETITION NO: 7760 OF 2022 Between: Shaik Ahmed, S/o.

Late Shaik N/ohammed, Age 41 years, Occ.

Business, R/o.

H.

No.

1 -5-60/A, It/asoodnagar, Adilabad. ...PETITIONER AND 1.

The State of Telangana, Rep. by its Principal Secretary Stamps and Registration Department, Secretariat Buildings, BRKR Bhavan, Tank Bund, Hyderabad.

2.

The Commissioner and lnspector General of Registration and Stamps' l\,4.

J. l\,4arket, Hyd era bad, Te lan gana State.

3.

The Sub Registrar, Adilabad, District Adilabad ,..RESPONDENTS Petilion under Article 226 o'f 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 or order more particularly one in the nature of writ of mandamus or any other appropriate writ or order or orders declaring the action of Respondent No.3 in not receiving, registering and releasing the sale deed presented by this petitioner in respect of Plot bearing No.'102, 103 and 125 in iand bearing Sy.No.16/'1 , situated at Khanapur Village of Mandal & Dist.

Adilabad on the ground of lr/emo bearing no.G2125712019 dt.

26-08-2020 and 29-12-2020 issued -by Respondent No.2 as being arbitrary, vindictive, illegal, violative of Articles 1'4, 16 and 21 of the constitution of lndia and against to the principles of Natural Justice, and consequently direct the Respondent No.3 herein to receive, register and release the sale deeds presented by the Petitioners without ,"i"r"n." to the lvlemo Bearing No.G2t257l2O19 dt.

26-08-2020 and 29-12-2020 issued by the ResPondent No.2 lA NO: 1 OF 2022 Petil,o"u"derSectionlslcPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to d jrect the Respondent No. ondent No.3 herein io receive, register and rele-a-se the. -sale Ju"J. pt"t"nted by the Petitioner in respect Plot bearing No 102' 103 and 125 in LnJ nL"ring Sy.(o.16/1 , situated at Khanapur Village of wtgndal^a1d^ !ist Adilabad without reference to tr," H/"ro Bearing No G2l257l20',19 dt 26-08-2020 ^ia-iS,-lZ-zOz0 issued ny t," R"tpondent No 2 pending disposal of the above writ petition.

Counsel for the Petitioner : SRl.

KONDADI AJAY KUMAR Counsel for the Respondents : GP FOR STAMPS AND REGISTRATION The Court made the following : ORDER HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.776O 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.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, as such, this Writ petition may be disposed of in terms thereof.

Therefore, following the Common Order dated 18.02.2022 in W.P.No.32B of 2022 and batch as modified by the Order dated 22.02.2022 in I.A.

No.2 ol 2022 in W.P.No.2985 ol 2022, in terms thereof, this Writ Petition is disposed of as under u,ithout 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 references to the Memo Nos.G2 /257 /2O19 dated 26.O8.2O2O and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.4SITPINMC/2O t9 dated O 1 I 1 .2019 issuecl by the respondent - the Commissioner, Municipal Corporation.

Nizampet to the respondent - the Sub Registrar, euthbullapur, 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 arr endorseme endorsement at the reverse side of the first page of the document referred in clirection No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2027 filed by the State Government belore the Hontrle Supreme Court; and (iii) in case, it is found that there is any violation of 1aw like plots / larrds / structures being sold form part of F T'L' ald Buffer Zone I Plotshaving 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 Hon'ble Supreme Court in SLP (Civil) No 19695 of 2O2l 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.

There shall be no order as to costs SD/.N.CHANDRA SEKHAR RAO ASSISTA T REGISTRAR ,TRUE COPY// SECTION OFFICER To, 1 .

The Principal Secretary Stamps and Registration Department' Secretariat Buildings, BRKR Bhavai'i''ir e'nO' Siateof Telangana' Hyderabad' 2.

The commissioner ano lnsptitor General of Registration and stamps' - lrrt.J ttltart<et, Hyderabad' Telangana State , a. ihe Sun Registrar, Adilabad' District Adrlaoao' ;. cj;;;;i; s"R1. koNoior arnv xutunn' {y".'ii" toPUCl s.

Two ccs to GP FoR si;#s nrlo nrCisrnATloN' High court for rhe " si;iJi"langana at Hvderabad [oUT] AU\ BS \ The miscellaneous petitions pending, if any, shall stand closed' 6.

One SPare CoPY' 7.

Two CD Copies' HIGH COURT DATED:2310212022 ORDER WP.No.7760 of 2022 1t{1 } r.x 0r,i' ot) DISPOSING OF THE WRIT PETITION WITHOUT COSTS .N ,r 'il stl .t?// ':./ .rC\ \ ,I /- \)