Mohammed Ali Khan vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Between: AND 1 2 Mohammed Ali Khan, S/o.Mohd.Mahboob Khan, .Aged ijJ".euiin"s., R/o.H.Nb.20-4-231 /C, Khilwat, Hvderabad The State of Telangana, Rep. by its Princip-al -Secretary, F"y,9!Y" (Stamps ancl Reoistration) Department, Secretariat Buildings, HyderaDao. ine Coirmissioner ahd lnspector General Of Registration and stamps' Telanoana State f fre S"ub-Reqistrar, Golconda, Hyderabad iii; 6;;ri;r'Hyoeiaoio l,lu nicipi I corporation, Tank Bund' Hvderabad' about 71 Years, ...PETITIONER 3 4 i i ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedtoissueWrit,orderorDirectionmoreparticular|yoneinthenatureof writ of Mandamus declaring the action of the 3rd respondent herein refusing to receive, register and release the Gift Deeds presented by the petitioner in respectofGroundFloorisanextentoll4S2Sq.fttogetherwithundividedlandof 83.33 Sq.yards out of an extent of 250 Sq'yards, First Floor is an extent of 1482 Sq.ft together with undivided land of 83 33 Sq yards out of an extent of 250 Sq.yards and Second Floor is an extent of 1482 Sq'ft together with undivided landof33.33Sq.yardSoutofanextentof250Sq'yardsconstructedinPremises Bearing Municipal No.9-4- 11}t3t13 situated at VIRASAT NAGAR COLONY' ToLlcHoWKl,HyderabadonthegroundthattheproceedingNo.G2|2STl2ol9 daled26t0Et2020issuedbythe2ndrespondentiswhollyillegal,arbitraryand contrarytotheprovisionsoftheRegistrationActandconsequentlydirectthe3rd respondenthereintoreceive,registerandreleasetheGiftDeedspresentedby thepetitionerinrespectofGroundFloorisanextentotl4S2Sq.fttogetherwith undivided land of 83.33 Sq.yards out of an extent of 250 Sq yards' First Floor is (SPecial Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 4041 OF 2022 ;/ an extent of 1482 Sr .

1482 Sr .ft together with undivided land of 83.33 sq.yards out of an extent of 250 Sq.yar ls and second Floor is an extent of 1482 Sq.ft together with undivided land of 83 33 Sq.yards out of an extent of 250 Sq.yards constructed in Premises Bearing /lunicipal No.9-4-1 1ol3l13 situated at VIRASAT NAGAR COLONY, TOLI CH( tWKl, HYderabad.

IANO: 1O 2022 F Petition unde Section 151 CPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to direct 3rd respond( nt herein to receive, register and release the Gift Deeds presented by the pr titioner in respect of Ground Floor is an extent of 1482 Sq.ft together with undivi ied land of 83.33 Sq.yards out of an extent of 250 Sq.yards, First Floor is an e rtent of 1482 Sq.ft together with undivided land of 83.33 Sq.yards out of an ,,xtent of 250 Sq.yards and Second Floor is an extent of 14a2 Sq.ft together with undivided land of 83.33 Sq.yards out of an extent of 250 sq.yards construct( d in Premises Bearing Municipal No.9-4-11013113 situated at VIRASAT NAGAR )OLONY, TOLI CHOWKI, Hyderabad without referring to the Memo No.

G21257t2019 dated 2610812020 issued by the 2nd respondent herein pending disposal o' Writ Petition.

Counsel for the Pe .itioner : SRI l.

V.

RADHAKRISHNA MURTHY Counsel for the Re spondent Nos.1 to 3: AGP FOR REVENUE Counsel for the Re tpondent No.4: SRI N.

ASHOK KUMAR, SC FOR GHMC The Court made tl': following: ORDER tt i ,/ { C THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY 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 L8.O2.2O22 as modified by the order dated 22.02.2022 in I.A.

No.2 of 2022 in W.p.

No.29B5 of 2O22and batch, as such, this writ petition may be disposed of in terms thereof. '3. ereof. '3.

Therefore, following the common order dated 1B,OZ.2O22 in W.P.

No.32B of 2022 and batch as modified by the order dated 22.02.2022 in I.A.

No.29 85 of 2022, in terms thereot 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 without reference to the Memo Nos.G2/257/2O19 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Sta No.

45lrplN MClro 1 e d"t";' p0'; r, l;il'::::. rf ::"J respondent - the Commissioner, Municipal Corporation, it I I - WRIT pETITION No.4O41 of 2O22 ) Niza,npet to the respondent - the Sub Registrar, Qutl-:ullapur, Ranga Reddy District, and similar lette s, if any, issued by the various lvlunicipal Com nissioners in the State; (ii) the Sub Registrars in the State shall nrake an endc'sement at the reverse side of the first page of the document referred in direction No, (i) that regis rration so done is subject to outcome of SLp (Civi ) No.19695 of 2O2t filed by the Srate Gov€'nment before the Hon,ble Supreme Court; and (iii) ir case, it is found that there is any violation oF law I ke plots / lands / structures being sold form part of F. -.L. and Buffer Zone / plots having less than 30 feet oad width access, the Sub Registrar shall make an er dorsement informing / cautioning the purchasers risk is involved in purchase of such plots; transactions are hit by relevant statutory provi ,ions; that registration of the same is subject to outcc re of orders of the Hon,ble Supreme Court in SLP (Civit) No.19695 of 2021.

To that effect, an er dorsement shall be made on the reverse side of the fi st / second page of the document and also in the encur rbrance record, website etc.

As a ;equel thereto, miscellaneous petitions, if any, pending in the writ F 3tition shall stand closed. nd closed. //TRUE COPYII ' o''' "38Yf,uf R I3, S,'RiX that such i (L___ SECTION OFFICER 3i:1J;if 83lisfi !l'u;[i]i:i3J,., jruB:,ii.."["rEstration)Department, Contd... '_*\., 1 To, -=----- 2.

The Commissioner and lnspector General Of Registration and Stamps, Telanoana State 3.

The S-ub-Registrar, Golconda, Hyderabad 4.

The Greater Hyderabad tvlunicipal Corporation, Tank B!nd_, Hyderabad 5.

One CC to Sri l.

Radhakrishna Murthy, Advocate IOPUC] 6.

Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 7.

One CC to Sri N.

Ashok Kumar, SC for GHlt/C [OPUC] 8.

Two CD Copies 9.

One Spare Copy sm oJ I iI t HIGH COURT DATED:2210212022 ORDER WP.No.4041 of 2022 DISPOSING OF TH : WP WITHOUT COSTS 15 I'1AB 202? \ I ,,^ft\ lYar i u it I .-l-- J"