Abdul Kabeer vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 11150 OF 2022 Between: 1.

Abdul Kabeer, S/o Abdul Nazeer, Aged about 43 years, Occ.

Advocate, R/o H.No.2-4-680l96, Sunder Nagar, Kachiguda, Hyderabad. ...PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad.

The Commissioner and lnspector General Stamps and Registration, l.ioazzam Jahi Market, Hyderabad, T.S.

The Greater Hyderabad tr,/unicipal Corporation, Rep by its Commissioner, Tank Bund Road, Hyderabad.

The Sub Registrar, Chikkadpally, Hyderabad, Telangana State. ..,RESPONDENTS Petition under Article 226 o'f lhe 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 MANDAMUS declaring the action of the Respondent No.4 not receiving, registering and releasing the Gift Deed placed by the Petitioner in favour of his Wife Smt.

Uzma Fathima, basing on the lvlemo issued by the Respondent No.2 vide No.G2125712019 dated 26-08-2020, and Amended lr/emo No.G2125712019 dated 29-12-2020, for House bearing Municipal No.2-4- 628/50/A, admeasuring 20.00 Sq. yards or 16.72 Sq. meters, situated at Sunder Nagar, Kachiguda, Hyderabad, Telangana State, inspite of Order dated 23-08- 202'1 passed by this Hon'ble Court in WP.No.924812021 is illegal, arbitrary and violation of articles 14,21 and 300-4 of Constitution of lndia also against the principles of natural justice and consequently direct the Respondent No.4 to 2 3 4 receive, register and "elease the Gift Deed placed by the Petitioner in favour of his Wife Smt.

Uzma Fathima for House bearing Municipal No.2-4-628l50/A, admeasuring 20.00 S q, yards or 16.72 Sq.

16.72 Sq. meters, situated at Sunder Nagar, Kachiguda, Hyderaba I, Telangana State. lA NO: 1 OF 2022 Petition under l,ection 151 CPC praying that in the circumstances stated in the affidavit filed in : upport of the petition, the High Court may be pleased to direct the Responden No.4 to receive, register and release the Gift Deed placed by the Petitioner in f tvour of his Wife Smt.

Uzma Fathima for House bearing Municipal No.2-4-628 50/A, admeasuring 20.00 Sq. yards ot ^'6.72 Sq, meters, situated at Sunder I agar, Kachiguda, Hyderabad, Telangana State, pending disposal of main Writ )etition.

Counsel for the Petiti >ner(s):SRl.

L RAM SINGH Counsel for the Resp rndents: GP FOR STAMPS AND REGISTRATION (TG) The Court made the f rllowing: ORDER I{ONOURABLE SRI JUSTICE B' VIJAYSEN REDDY \\,RIT PETI'IIoN No.l l150 0F 2{) 1 ORDER: Heard both sides ancl perused the nraterial on record' 2. tt is submitted by the learned counsel on either side that subject ruratter of this Writ Petition is squarely coverecl by the Comlnon Orcler passed by this Court in W P'No 328 of 2(\22 and batch dated l8'02'2022' as moclitled by the Ortler datecl 22'02'2022 in l A'No'2 of 2022 in W.P.No.2985 of 2022and batclr' as suclt' this Writ Petition may be disposed ol i11 terlns thereof' 3.

Therefore, following the Cotnuron Order dated l8'02'2022 in W.P.No.328 of 2022and batch' as rnodified by the Order dated22'02'2022 in l.A.

No.2 of 2022 in W'P'No'298 5 of 2022' in terms thereof' this Writ Petition is disposed ofas under without any order as to costs: (i) The respondent - Sub-Registrar is directed to register the presented f references document of sale, transfer and gift etc ' or registration by the petitioner/s without to the Memo Nos G2l257l20'19 dated 26.08.2020 and 29 12'2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps' Telangana; Letter No.

Letter No.45/TPi NMCi 2019 dated 01 1 '1 2019 issued by the respondent - the Commissioner' Municipal Corporation' Nizampet to the respondent - the Sub Registrar' Quthbullapur, Ranga Reddy District' and similar letters' 2 if a ty, issued by the various Municipal Commissioners in t re State; (ii) the Sub Registrars in the State shall make an enc )rsement at the reverse side of the first page of the doc rment referred in direction No.(i) that registration so dor: is subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon ble Sup 'eme Court; and (iii) n case, it is found that there is any violation of law like plots / lands / structures being sold form part of F.T -. and Buffer Zone / Plots having less than 30 feet roar width access, the Sub Registrar shall make an end )rsement informing / cautioning the purchasers that risk is jnvolved in purchase of such plots; such tran iactions are hit by relevant statutory provisions, that regi .tration of the same is subject to outcome of orders of tl e Hon'ble Supreme Court in SLP (Civil) No.19695 of 2)21.

To that effect, an endorsement shall be made on l re reverse side of the first / second page of the docr ment and also in the encumbrance record, website etc.

The miscr [aneous petitions pending, if any, shall stand closecl.

There shall be no rrder as to costs.

I I ,TRUE COPY// SD/.T.TIRUMALA DEVI ASSISTANTREGISTRAR (, v., SECI'ION OFFICER ThePrincipals,,cretary,RevenueDepartment(stampsa,lcRegistratron)' iiIt" l,i iSi"s rna- s6cretariat Hvderabad TheCommissicrerandlnspectorGen€ralstampsandRec;istration, N4oazzam Jahi /larket, Hyderaoao l r' 1 2 To 3 The Commrssioner, Greater Hyderabad IMunicipal Corporation, Tank Bund Road, Hyderabad.

4.

The Sub Registrar, Chikkadpally, Hyderabad, Telangana State.

5.

One CC to SRt.

L RAM STNGH Advocate tOpUCl 6.

Two CCs to Gp FOR STAIVPS AND REG|STRAT|ON (TG) ,High Court for the State of Telangana. [OUT] 7.

Two CD Copies 8.

Copies 8.

One spare copy Sv- HIGH COURT DATED:04103 2022 ORDER WP.No.1115( of 2022 .

TE& DISPOSING 3F THE WP WITHOUT CI)STS 1e ar" rY j,r,, * (-l a) IJJ ,) c' {: ..J HC \ \ \) s{r