Mrs. Aziz Unnisa Begum, vs The State of Telangana,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO Between: 1.

Mrs.

Aziz Unnisa Bequm, D/o.

Late.

It/r. ttrlohammed Hussain, Aged about.

48 years, Occ.

Household, Rl/o.

H.No.

6-2-242' A.C.

Guards, Hyderabad.

2. lVrs.

Noorjehan Begum, D/o.

Late Mohammed Hussain, aged.about 54 years, Occupation.

Houseirife, R/o.

6'2-242, A.C.

3. lr/rs.

Saleha Begum, D/o.

Late lvlohammed Hussain, aged about 56 years, Occupation.

Hou-sewife, R/o.

H.No.6-2-242, A.C Guards, Hyderabad. ...PETITIONERS AND 1 The State of Telangana, Rep by its Principal Secretary Revenue (Stamps and Registration), Secretariat, Hyderabad.

The Commissioner and lnspector, General of Regrstration and Stamps, Telangana, Hyderabad.

The Sub-Registrar, S.R.

Nagar, Hyderabad District.

The Greater Hyderabad Municipal Corporation, Rep by its Commissioner, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of Writ of lt4andamus declaring the inaction of the respondent No.3 in receiving, registering and releasing the Sale Deed presented by the Petitioner in respect of the House Bearing tr,4unicipal No.6-2-242 to 249, admeasuring 162 Square Yards situated at A.

C.

Guards, Hyderabad, T.S., without the reference of the lvlemo No.G2t25712019 issued by the respondent No.2.

2 3 4 PRESENT THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 4263 OF 2022 lA NO: 1 F 2022 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 direct the respondent No.3 to receive, register and release the Sale Deed presented by the Petitioner in respect of House Bearing Municipal No. icipal No.6-2-242 lo 249, admeasuring 162 Square Yards Situated at A.

Guards, Hyderabad, T S , without the reference of the Memo No.G2125712019 issued by the respondent No.2, pending disposal of the above writ petition and pass such other order or orders may deem fit and proper in the circumstances of the case pending disposal of the above writ petition.

Counsel for the Petitioners: SRI PARIKSHITH KUTUR Counsel for the Respondent Nos.

1 to 3: AGP FOR REVENUE Counsel for the Respondent No.4: SRI N.

ASHOK KUMAR, S.C.

FOR GHMC The Court made the following: ORDER THE HON'BLE SRI JUSTICE B.

VI]AYSEN 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 1,8.02.2022 as modified by the order dated 22'02.2022 in I.A.

No.2 of 2022 in W.P.

No,29B5 ot 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

3.

Therefore, following the common order dated 18.02.2022 in W.P.

No.328 of 2022 and batch as modified by the order dated 22.02.2022 in I.A.

No.29B5 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 sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2/257 /2019 dated 26,O8.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNlt4C/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Ivlunicipal Corporation, : WRIT PETITION No.4263 of 2022 2 Nizampet to the respondent _ the Sub Registrar, Quthbullapur, Ranga Reddy District, and simitar letters, if any, issued by the various Municipal Commissioners in the State; (ii) the Sub Registrars in t trars in the State shall make an endorsement at the reverse side of the first page oF the document referred in direction No.(i) that registration so done is subject to outcome of SLp (Civil) No.19695 of 2O2L filed by rhe State Government before the Hon,ble 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. 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 202L.

To that effecr, an endorsement shall be made on the reverse side of the first / second page of the document and also in the encum bra nce record, websjte etc.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed, ,TRUE COPY' SD/-K.ONESIM ASSISTANT REGISTRAR (.

SECTION OFFICER 1 The Princip_al Secretary Revenue (Stamps and Registration), State of Telangana, Secretariat, Hyderabad.

The Commissioner and lnspector, General of Registration and Stamps, Telangana, Hyderabad.

To, 2 3.

Nagar, Hyderabad District' 4.TheCommissioner'GreaterHyderabadlr,4unicipalCorporation'Hyderabad.

5.

One CC to SRI PARIKSHITH KUTUR, Advocate [OPUC] 6.TwoCCstoGPforRevenue,HighCourtfortheStateofTelanganaat Hyderabad. [OUT] 7.

Two CD Copies.

8.

One Spare CoPY. / MP SB -.-- L.J/ HIGH COURT DATED:2210212022 ORDER WP.No.4263 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS [f 7 Ai;i: ,'":l * rA fc. co t t 4'(> (ir