Shakera Begum vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD ' -' idpeciat Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY Of FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITIO NNO: 7 320 oF 2022 Between: Shakera Begum, Wio Abdul Rasheed Khan Aoed about 57 Housewife.

R/o n *o ^tt-sb'""'n"a-moe' gyoal Hyderabad reoresented by her G P A"Hili6is' (r)Naseer Ahmed S/o Nazeer i;i*h;ili;h*;i Ati-Zatar S/o late Shaik Ali years, Occ Telangana.

Ahmed And ...PETITIONER ...RESPONDENTS o * ?, n " S ta te or r e I a n g-,13,i fi 3 H i'J" L?ij,ff i : ftf :?lB'tfl f i,"":#t? :: ::: " , il: [".tJ:X31iT],?"?;,. r,,*ps and Resistrution',ifil; ,u|-i'iZr,i tvrart<et, Hvderabad.

Telangana s. ifr" Srb-R"gistrarl Gandipet' Telangana.. ^ 4 The Bandlaguo, lagii'N'l:r[iiipuiqoipor.ution' Rep bv its commissioner' - diojis;d;Jigi', {"nga Reddv District' PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in tn" 'tiiO"''t fif"O tfrerewitn' the Hiqh Court may be pleased to issue writ, order or. oirJ.iioi''roie particutanv oneln the.""Y: y^11L,:F t\ilANDAIvlus decraring tn" -u"tion of the _3rd Respondent in not recervrng registering and releasing i-n"-Jot""nt in favo-ur of the prospective purcnaser oroduced by the petitronet i;"";;;;i "; ilat No 301 on Third Floor constructed on oremises bearing pfot f.r".!'i"!V'f..fo.'if , situated at Bandlaguda, Gandipet 'l'ilandal, Ranga Reddy Oi=inii f "r'ungana basing^ on the memo issued by the 2nd Resoondent vide No cz'i"slin6ie"Jerteo zo ol zoz0 andamended memo No c2t257t2019 dareA ze'J.tizO-"pit" "i "tder dated 23082021 passed by this Hon,bre court in w.p.

No eiis "i 2"oz-1, as iilegar, arbitrarv and vioration of Articles 14,21 and 300-A of Co'Jii'tion-ot lndia alio against ihe principles of natural petition under section 15r cpc praying that in the circumstances stated in the affidavit filed in support'"r in" p'"tn"i.l" -il. "i.l" -il.,"-Higr, Court may be pleased to direct the 3rd Respondent to r.utuiu"l 'Lgitier ana reteise the sale deed in favour of the prospective purchaser, tt #;'';;;; uv ine petitioner in respect of Flat No' 301 justice. lA NO: 1 OF 2022 on Third Floor cons ructed on premises bearin g Plot No.21, Sy.

No.

71, situated at Bandlaguda, Gandil et Mandal, Ranga Reddy District, Telangana, pending disposal of the writ petition.

Counsel for the pe.itioner :SRt.

MOHD ISLAMUDDTN ANSART Counsel for the Re ;oondents No.1 to 3: Gp FOR STAMPS AND REG|STRATION (Tr ij Counsel for the Re ;pondents No.4 : SRl.

N.p.'AVEEN KUMAR The Court made thr following: ORDER / HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.7320 0F 2022 ORDER: Heard both sides and perused the material on record.

2' It is submitted by the rearned 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.2985 of 2022 and batch, as such, this Writ petition may be disposed of in terms thereof.

3.

Therefore, lollowing the Common Order Dt.lg.O2.2022 in W.P.No.328 of 2022 and batch as modified by the Order Dt.22.02.2022 in I.A.

No.2 of 2022 in W.p.No.298S 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 sa1e, transfer and gift etc., prese[ted for registration by the petitioner/s without references to the Memo Nos.G2/257 /2019 dated 26.O8.2O2O and,29.t2.2O20 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.a5lTP/NMC/2019 dated 01.1 1.2O19 issued by the respondent - the Commissioner, Municipa.

Municipa.l 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 shal make an endorsement at the reverse srde of the first page of the document referred in direction No (i) that registration so done is subject to outcome of I I SLP (t )ivil) No.19695 of 2027 Iiled by the State Government before the Hon'lcle Supreme Court; and (iii) in :ase, it is found that there is any violation of law like plots / lanr s / structures being sold form pa-rt of F.T.L. and Buffer Zone Plots having less than 30 feet road rl-idth access, the Sub Regisr rar shall make zur endorsement inibrming / cautioning thc purcl asers that risk is involved in purchase of such plots; such trans .ctions are hit by relevant statutory provisions; that regist 'ation of the same is subject to outcome of orders of the Hont le Supreme Court in SLP (Civil) No.19695 ot 2021.

To that effect an endorsement shall be made on the reverse side of the first / second page of the document and also in the encu nbrance record, website etc.

The misce laneous petitions pending, if any, shall stand closed There shal1 be n, order as to costs.

SD/-PADMAN,ABHA REDDY ASSISTAN'T REGISTRAR ,TRUE COPY// SECTiION OFFICER To, 1.

The Principal S ]cretary, Revenue (Stamps,and Registration) Department' ' Siale of fetang ana' S6cretariat Hyderabad' Telangana 2.

The lnspector';eneral, Stamps and Registration' Ivloazzam Jahi Market' HYderabad.

Te angana 3.

The Sub-Regir trar' Gandipet' Telangana 4.

The Commiss )ner, Bandlaguda Jagir lVlunicipal Corporation' Bandlaguda Jagir, Ranga f :eddY District' 5.

One CC to Sl l,l.

MOHD ISLAIMUDDIN ANSARI Advocate [OPUCI 6.

Two CCs to ( iP FOR STAMPS AND REGISTRATION (TG) 'High Court for - the-State of T :langana' [OUT] 7.

Two CD CoPi ls 8.

One SPare C IPY MMA BS{ e, HIGH COURT DAf ED:2310212022 ORDER WP.No.

DER WP.No.7320 ot 202i DISPOSING OF THE WRIT PETITION WITHOUT (;OSTS r! c.- -( q 1, 1l 5 () 1. ,0 B yt[E 2022 a.t \--