Mr. Syed Ghulam Mohiuddin vs The State of Telangana and 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IMONDAY, THE SEVENTH DAY OF I\,,IARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRIJUSTICE B,VIJAYSEN REDDY WRIT PETITION NO: 2934 OF 2022 Between: Mr.

Syed Ghulam l\,4ohiuddin, S/o.

Syed Gulam l\,4ustafa, Age 65 years, Occ.

Business, Fl/o.

H.

No.

12-2-800/90, Dilshad Nagar Colony, Reti Bowli, Hyderabad, Telangana State.

Represented By his Development agreement GPA Holder, Syed Khaleel S/o.

Syed Younus, Aged about 47 years, Occ.

Business, R/o.

12-2-800/440, Dilshad Nagar Colony, Reti Bowli, Hyderabad, Telangana State. ,..PETITIONER AND 1.

The State of Telangana, Rep.by its Principal Secretary, Revenue (Stamps and Regn.) Department, Secretariat, Hyderabad.

2.

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

3.

The District Registrar, Hyderabad (South), Hyderabad.

4.

The Sub-Registrar, Golconda.

Hyderabad ..,RESPONDENTS Petitron 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 an appropriate Writ or order or direction particularly one in the nature of Writ of [t/andamus declaring the action of the 4th respondent in refusing to receive, register and release the sale deed presented by the petitioner in respectofFlatNo'4ol,onFourthFloorwithbuilt-upareaof,1650Sft.,(including common area), together with undivided share of land to an extent of 33 Square Yards,withcarparking,FlatNo'501'onFifthFloorwithbuilt-upareaof1650 Sft., (including common area) and Car Parking area' together with undivided share of land to an extent of 33 Square Yards' with car parking and Flat No' 601 Sixth Floor with built-up area of .1250 Sft., (including common area), together with undivided share of land to an extent of 33 Square Yards' of AASHIYANA APARTMENT out of totar land area of 200 Square yards, in the premises bearing Municipar No. icipar No.

12_2-800/90, 12_2-BOO/90/1, (on prot No.90), situated at Dilshad Nagar Colony, of Cooperative Housing Society Ltd'' Rethi Bowli' Hyderabad' T S' PTI Nos.

1071213256' 1071213257' on the guise of the lvlemo G2125712O19' Daled 26t08t2020 issued by the 2nd respondent' as illegal' arbitrary' without any jurisdiction' contrary to the provisions of the Registration Act' 1908 and in violationofArticle,l4oftheConstitutionoflndiaandconsequentlydirectthe4th respondent to receive' register and release the sale deed presented by the petitioner in respect of the above property without reference to Memo G2t257t2[1g, Dated 26t08t2020 issued by the 2nd respondent in the interest of justice 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 4th to receive' register and release the sale deed to be presented by the petitioner in respect of Flat No 401' on Fourth Floor with built- up area of 1650 Sft , (lncluding common area)' together with undivided share of land to an extent of 33 Square Yards' with car parking' Flat No 501' on Fifth Floor with built-up area of '1650 Sft'' (including common area) and Car Parking area, together with undivided share of land to an extent of 33 Square Yards' with car parking and Flat No' 601 Sixth Floor with built-up area of 1250 Sft ' (including common area), together with undivided share of land to an extent of 33 Square Yards,ofAASHIYANAAPARTMENToutoftotallandareaof200SquareYards' in the premises bearing Municipal No 12-2-800/S0"12-2-800/90/1 ' (on Plot No' 90), Situated at Dilshad Nagar Colony' of Cooperative Housing Society Ltd ' Rethi Bowli, Hyderabad, T S PTI Nos 1O71213256' 1071213257 ' without reference to V lA NO: 1 OF 2022 .i ltlemo G2t257l2019, Dated 2610812020 pending disposal of the above writ petition.

Counsel for the Petitioner : SRl. ner : SRl.

SHAIK KHALID Counsel for the Respondents : GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER // HONOURABLE SRI JUSTICE B.

VIJAYSEN ITEDDY ORDER (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 r.vrit 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 rnodified 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.

This Court passed interim order in this rvrit 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 permitted to withdraw thc writ petition and (b) registration shall be subject to final result ol the '"vrit petltlon.

WRIT PETITION No.2934 OF 2022 2 4.

In view ol the above, recordir-rg the aforesaid submission of the learned counsel on either side, 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.2985 of 2022, in terms thereof, this writ petition is disposed of as under, 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 docuuent/s registered by the Sub-Registrar shall be subject to outcome ol SLP (Civil) No.19695 of 2021 filed by the State Govemtlent before the Hon'ble Suprerne Coun; and (ii) in case, it is found that there is any violation of law like plots / Iands / structures being sold form paft of F.T.L. 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 outcome of orders ol the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021.

To that effect, an \ \ l endorsement shall 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 Memo Nos.G2 125712019 dated 26.08.2020 and29.12.2020 issued by the respondent - the Comtnissioner and Inspector General of Registration and Starnps, Telangana; Letter No.45lTP/l{MC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizarnpet to the respondent - the Sub Registrar, Quthbullapur.

Ranga Reddy District, and sirnilar letters, if any, issued by tlre various Municipal Comrnissioners irr tlre 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 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 parl ; .1 of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement inibrming / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisior-rs; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil 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.

I //TRUE COPY// SD/.T.TIRUMALA DEVI ASSISTAq REGISTRAR sect#roru oFFtcER To, 1 .

The Principal Secretary, Revenue (Stamps.and Regn ) Department' Secretariai, State of Ttilangana, Hyderabad' 2.

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

The District Registrar, Hyderabad (South), Hyderabad' 4.

Hyderabad' 5.

One CC to SRl.

SHAIK KHALID, Advocate [OPUC] 6.TwoCCstoGPFoRSTAMPSANDREG|STRAT|oN,HighCourtforthe - State of Telangana at Hyderabad. [OUT] 7.

Two CD CoPies B.

One Spare CoPY ABBASI \ \ )4",,- HIGH COURT DATED i 0710312022 1HE s iq '7,.'{ ( i Ds luL20U 3 * PATCH f-O ORDER WP.No.2934 of 2022 DISPOSING OF THE WRIT PETITION \ WITHOUT COSTS n t ( /'-)--- . [gi i\ \ illzli r