Mohammad Abdul Wasey vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT P TITION NO: 8079 OF 2022 Between: Mohammad Abdul Wasey, S/o.

Mohammad Abdul Ahad, Aged about 38 years, Occ.

Business, N o.1 -4-32133, Bhoi Galli, Bhainsa, Dist.Nirmal, Telangana. .,.PETITIONER AND 1.

The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, Telangana.

2.

The lnspector General, Stamps and Registration Moazzam.jahi t\,4arket, Hyderabad , Telangana.

3.

The Sub-Registrar, Bhainsa, Niramal District, Telangana. ...RESPONDENTS Petition under Article 226 ol 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 Respondent No.3 in not receiving, registering and releasing the Documents in favour of the prospective purchasers produced by the petitioner based on the Memo issued by the Respondent No.2 vide No.G2l25712019 d1.2610812020 and Amended Memo No.G2t2S7t2O19 d1.2911212020 for the un-approved Plots bearing No's.23, 24, 25,26,27 ,28,29,30,31 ,32,33,34,35,36,37,38, 40,41 ,42,43,44,45,46,47 ,48,49,50, s 1 ,52,53,54,55,56,57,58.59,60,61,62,63,64,65,66 and 67 in respect of Land in Sy.No.637/^A/2 (637leJ12) admeasuring Ac.1-3100 gts. situated at Limba (Khurd) village, Kuntala Mandal, Nirmal District inspite of this Honorable Court's Order dt.2310812021 passed in W.P.No.9248 oI 2021 as illegal, arbitrary and in violation of Articles 14,21 oI the Constitution of lndia and provisions of Registration Act, 1908 and consequently direct the Respondent No.3 to receive, register and release the documents in favour of the prospective purchasers produced by the petitioner for the unapproved Plots bearing No's. ring No's.23,24, 25,26,27 ,28,29,30,31 ,32,33,34,35,36,37,38, 40,41 ,42,43,44,45,46,47 ,48,49,50,51 ,52,53,54,55,56,57,58,59,60,61,62,63,64,65,66 and 67 in respect of Land in Sy.No.637/^A/2 (637letl2) admeasuring Ac.1-3100 gts. situated at Limba (Khurd) village, Kuntala Mandal, Nirmal District in the interest of justice. lA NO: 1 OF 2022 Petition under Section '1 51 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 Documents in favour of the prospective purchasers produced by the petitioner for the unapproved Plots bearing No's.23,24,25,26,27,28,29,30,31,32,33,34,35,36,37,38,40,41 ,42,43,44,45,46,47 , 48,49,50,51,52,53,54,55,56,57,58,59,60,61,62,63,64,65,66 and 67 in respect of Land in Sy.No.637/^4/2 (637llz12) admeasuring Ac.1-3100 gts. situated at Limba (Khurd) village, Kuntala Mandal, Nirmal District in the interest of justice.

Counsel for the Petitioner: SRI KORPELLY MADHUSUDHAN REDDY Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER I I L HONOURABLE SRIJUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.8079 OF 2022 ORDER 1.

Heard both sides and perused the material on record.

2. lt 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 ol 2022 and batch Dt.18.02.2022 as modified by the Order Dt.22.02.2022 in l.A.No.2 ot 2022 in W.P.No.2985 o't 2022 and batch, as such, this Writ Petition may be disposed of in terms thereof.

Therefore, following the Common Order D1.18.02.2022 tn W.P.No.32B ot 2022 and batch as modified by the Order Dt.22.02.2022 in l.A.

No.2 o'( 2022 in W.P.No. in W.P.No.29B5 o'f 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 wtthout references to the Memo Nos.G2125712019 dated 26.08.2020 and 29.12.2020 issued by the respondent - lhe Commissioner and lnspector General of Registration and Stamps, Telangana; Lelter No.45/TP/NMC/2019 dated 01.11 .2019 issued 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 an endorsement at the reverse side of the first page of the document referred tn direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 ol 2021 fited by the State covernment before the Hon'ble Supreme Court; and (iii) in case, it is found that there is any violation of taw like plots / lands / structures being sold form 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 registration of the same is subject to outcome of orders of the Hon,ble Supreme Court in SLp (Civil) No.19695 of 2O2i.

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

As a sequel thereto, miscellaneous petitions, if any, pending in these Writ Petitions stand closed //TRUE COPY// Sd/.B.

SATYAVATHI ASSISTANT REGISTRAR SECTION OFFICER G, To, 1.

The Principal.Secretary, State of Telangana, ReveFrue Department, Secretariat, Hyderabad, Telangana.

2. angana.

The Inspector General, Stamps and Registratio n Moazzamjahi Market, Hyderabad , Telangana.

The Sub-Registrar, Bhainsa, Niramal District, Telangana.

4.

One CC to SRI KORPELLY MADHUSUDHAN REDDY Advocate tOpUCl 5.

Two CCs to GP FOR STAMPS AND REG|STRAT|ON,HIgh Court for the State of Telangana. [OUT] 6.

Two CD Copies 7.

One spare copy KS I HIGH COURT DATED:2310212022 ORDER WP.No.8079 of 2022 DISPOSED OF THE WRIT PETITION WITHOUT COSTS. t;.t s a ,l k c (( i:i22 8i ';:':" .2 t * - ' r.-f a)? ,-: @ b