Syed Sami Ur Rahman vs State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 1807 OF 2022 Syed Sami Ur Rahman, S/o Syed Sajjad Ur Rehman, Aged about 34 years, occupation Business, Rl/o 1B-4-79512, Falaknuma, Qadri Chaman, Hyderabad. ...PETITIONER AND 1.

State of Telangana and 2 others, rep. by its Principal Secretary( Revenue ) Having office at Secretariat Buildings, at Hyderabad.

2.

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

3.

Sub Registrar, AZAMPURA , HYDERABAD T.S. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ of Mandamus declaring the action of 3rd respondent in refusing to receive, register and release the sale deed presented by pelitioners in respect of the property bearing Rl/o H.

No.

18-2-632, Kimeasuring 200 Sq yards comprising of ground and first floor situated at Jangammet, Falaknuma, Hyderabad T.S as arbitrary, illegal, without any jurisdiction, contrary to the provisions of the Registration Act.

1 908 and in violation of Article 14 of the Constitution of lndia. and consequently a direction may be issued to 3rd respondent herein to receive, register and release the sale deed presented by petitioners in respect of All that the property bearing R/o H.

18-2-632, admeasuring 200 Sq yards comprising of ground and first floor situated at Jangammet, Falaknuma, Hyderabad T.S without reference to Memo No G2125712015 , dated 261081202O Between: Petition under section 151 CPC praying that in the circumstances stated in the afficlavit filed in support of the petition, the High court may be pleased to pass an interim direction thereby directing the3rd respondent herein to receive, register and release the sale deed presented by petitioners in tioners in respect of All that the property bearing R/o H.

18-2-,632, admeasuring 200 Sq yards comprising of ground and first floor situated al Jangammet, Falaknuma, Hyderabad T.S without referen<:e to Memo No G2125712019 , dated 2610812020 and may pass IANO:1OF 2022 Counsel for the Petitioner : SRl.

SYED YASAR MAMOON Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Cor-rrt made the following: ORDER I-IONOURABLE SRI JUSTICE B.

VIJAYSEN RBDDY WRIT PETITION No.l807 OF 2022 ORDER (ORAL) : Heard both sides and perused the material on record.

It is submitted by the leamed 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 t.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.

This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the subject document/s.

However, conditions were imposed that (a) the petitioner/s is/are not pennitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition.

1 4.

In view of the above, recording the aforesaid submission of the learned counsel on either side, foilowing the common order dated 18.02.2022 inW.P.

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

No.29g5 of 2022, in rerms thereof, this writ petition is disposed of as undeq without any order as to costs: (A) If the subject document/s has/have already been registered and released pursuant to the interim order; (i) the docurnenVs registered by the Sub-Registrar shall be subject to outcorne ol SLp (Civil) No.

Civil) No.19695 of Z02l filed by the State Covemment 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 f-eet 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 orlcqrne of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021.

To that effect, an I I 1 endorsement shatl be made in the encumbrance 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 document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Merno Nos.

C2l2 57 / 20 I 9 dated, 26.08.2020 and 29.

I 2.2020 issued by the respondent - the Commissioner and lnspector General of Registration and Starnps, Telangana; Leuer No.45lTpiNMC/2o19 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and sirnilar 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 in direction No.(i) that registration so done is subject to outcome of SLp (Civil) No.

19695 of 2021 filed by the State Govemmenr belore the Hon'ble Supreme Court; and (iii) in case, it is found that there is any violation of law like plots i lands / structures being sold tbrm part 4 I of F.T.L. of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shalI make an endorsernent informing / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration oI the same is subject to outcome of orders of the Hon'ble Supreme Courl 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 rccord, website etc.

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

SD/.M.

MANJULA DEPUry RARS //TRUE COPY// SECTION OFFICER To, 1.

Pr0cipal secretary( Revenue ) Havlng office at secretariat Buildings, at state of Telangana Hyderabad.

The Commissroner, and lnspector General of Registration and Stamps Telangana State.

Sub Registrar, AZAMPURA , HYDERABAD T.S.

4.

One CC to SRl.

SYED YASAR MAMOON Advocate tOpUCl 5.

Two CCs to GP FOR STA|VIPS AND REGTSTRATTON ,High Court for the State of Telangana.At Hyderabad [OUT] 6.

Two CD Copies 7.

One spare copy PS N'-\-L 'w HIGH COURT DA]-ED:0710312022 ORDER WP.No.1807 of 2022 DISP,OSING OF THE WRIT PETITION WIT]IOUT COSTS ,{ 0 B sEP 202 L)t -a \\ht \b i