Mohammed Feroz Pasha vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE THIRD DAY OF N/ARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY Between: tr,4ohammed Feroz Pasha, S/o.

Mohammed Fakeer, Aged about 44 yearc, Occ.

Business, Rio.

Chandrayangutta, Hyderabad. ...PETITIONER AND 1.

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

2.

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

3.

The Sub-Registrar, Shadnagar, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 oI lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents No.

3 in refusing to receive register and release the sale deed presented by the Petitioners towards the Plots in Sy.No.

B9/A admeasuring Ac.0-23 gts' in Sy.No.

95/A admeasuring Ac.O-38 gts, in Sy.No.

B9/AA admeasuring Ac.0-05 gts, in Sy.No.

86/A admeasuring Ac.0-17 gts, in Sy.No.

82 admeasuring Ac.2-00 gts, in Sy.No.

86/4,4 admeasuring Ac.O-15 gts, in Sy.No.

87 admeasuring Ac.1-25 gts, in Sy.No.

90 admeasuring Ac.1-37 gts total admeasuring Ac.8-00 gts or 38720 sq.yards situated at lnmulnanrrra Village, Kothur Mandal, Shadnagar Sub-Registrar, Ranga Reddy District, in pursuant to the Ir/EMO No.

G2125712019, dated.

26-08-2020' issued by the office of the Respondent No.2, under Prohibition of registration of unauthorized plots and buildings against the Petitioner's Plots, as arbitrary, illegal, without any jurisdiction contrary to the Provisions of the Registration Act 1908 and WRIT PETITION NO: 16s1 OF 2022 in violation of Article 14 of Constitution of lndia and consequently direct the Respondents No. ndents No.3 herein to receive register and release the sale deed presented by the Petitioners in respect of their land, without reference to letter MEMO.

No.

G2l257l2o1g, dated.

26-08-2020, issued by the Office of the Respondent No 2 ' lA NO: 1 OF 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 reglster and release the Sale Deed/s Presented by the Petitioners in respect of the Plots in Sy.No.

B9/A admeasuring Ac.0-23 gts, in Sy.No.

95/A admeasuring Ac.0-38 gts, in Sy.No.

B9/AA admeasuring Ac 0-05 gts, in Sy.No.86/A admeasuring Ac.0-'17 gts, in Sy.No.

82 admeasuring Ac'2-00 gts, in Sy.No.

86/A4 admeasuring Ac.0-1 5 gts, in Sy.No.

87 admeasuring Ac 1-25 gts, in Sy.No.

90 admeasuring Ac.1-37 gts total admeasuring Ac.B-00 gts or 38720 sq.yards situated at lnmulnanva Village, Kothur Mandal, Shadnagar Sub- Registrar, Ranga Reddy District, without reference to MEMO No.

26-0B-2020, issued by the Office of the Respondent No.2, pending disposal, of the above Writ Petition. + Counsel for the Petitioner:SRl.

K.NARSIMHA REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER :z+, HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No. t65t oF 2022 oRpER (ORAL) : Heard both sides and perused the material on record.

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, and therefore, keeping the matter pending will not serve any purpose' as such, the same may be disposed of in terms thereof' 3. hereof' 3.

This Courl passed interim order in this writ petition directing the respondents to receive, process' register and release the subject documentis' However, conditions were imposed that (a) the petitioner/s is/are not pemitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition. l,/ I I I 7 4.

In view ofthe above, recording the aforesaid submission of the leamed counsel on either side, following the common order dated 18.02.2022ir-W.P.No.328 of 2022 and batch as modified by the order dated 22.02.2022 in I'A.

No'2 of 2022 in W'P' No'2985 of 2022, in terms thereof, this writ petition is disposed of as under' without anY order as to costs: (A) Ifthe subject document/s has/have already been registered and released pursuant to the interim order; (i) the docutnenVs registere<i by the Sub-Registrar shall be subject to outcorxe of SLP (Civil) No'19695 ol 2021 filed by the State Government before the Hon'ble SuPreme Court; and (ii) 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 ZOfi''to that efl'ect' an t J / endorsement shall be made in the encumbranoe record, website etc. (B) If the subject document/s is/are not yet registered and released pursuant to the interim order; (i) the respondent - Sub-Registrar is directed to register the docurrent of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.

G2 I 2 57 I 20 1 9 dated 2 6.

0 8.

2020 and 29.

12. nd 29.

12.2020 issued by the respondent - the Commissioner and Inspector Ceneral of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Cornrnissioners in the State; (ii) the Sub Registrars in the State shall make an endorsement at the reverse side ofthe first page ofthe document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Govemment before the Hon'ble Supreme Court; and I \ (iii) in case, it is found that there is any violation of law like plots / lands / structures being sold form part \ 4 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 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 encumbrance record, website etc.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed.

To, /iTRUE COPY// SD/.B.SATYAVATHI ASSISTANT REGISTRAR (qt SECTI6N OFFICER .

C""e .* 1 .

The Principal Secretary' Revenue Department' State of Telangana' Secretarial, HYderabad.

2. i;; C;;;,isilonli anu lnspector General of Registration and Stamps' Telangana, HYderabad. \ i,iliif :T"EBiliarJflilffi 83-,,J'iH+}#itl'""s,:s"'reansana IOUrI iwo CD Copies.

One SPare CoPY.

6 7 (JE' SB q ,1 HIGH COURT DATED:0310312022 ORDER WP.No.1651 of 2022 DISPOSING OF THE WP WITHOUT COSTS.

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