Smt. Gousia Begum vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT, HYDERABAD (SPecial Original Jurisdiction) MONDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO Between: 1 2 3 4 Smt.

Gousia Begum, wio.

Late.Mohammed Abdul Saleem,-Aged 69 Je.ar:' OiJ. ftousewite,"F/o.

H.No.3-1-18, Gadi Street, Zaheerabad Town and Tahsil, Sanga Reddy District.

Sri.

Mohammed Ahmed, s/o.

Late.

Mohammed Abdul Saleem, Aged 39years, o.t. ariin"ii, R-ro. t-t.No.e-t-18, Gadi Street,zaheerabad Town and Tahsil, Sanga Reddy District.

Sri.Mohammed Asif, s/o.

Late.Mohammed Abdul Saleem,-Aged 38 years, Occ.

Business,R/o.

H.No.3-1-18, Gadi Street, Zaheerabad Town and lahsrl' Sanga Reddy District.

Mohammed Azhar, s/o.

Mohammed Abdul Saleem, Aged 33years' Occ.

Business, Fi/o.

H.No.3-1-18, Gadi Street, Zaheerabad Town and lahsll, Sanga Reddy District. ...PETlTloNER(S) AND 1.

The State of Telangana, Rep. by its Principal Secretary' Revenue Stamps and Registration Department.

Secretariat' Hyderabad.

2.

The Commissioner and Inspector General, Stamps and Registration, Moazzam Jahi Market, Hyderabad, T.S.

3.

The Sub-Registrar, Zaheerabad lvlandal' SanEa Reddy District' .,.RESPONDENTS PetitionunderArticle226ollheConstitutionoflndiaprayingthatinthe 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.3 in not receiving' registering and reteasing the documents presented by the petitioners in favour of prospective purchasers produced by the petitioner, basing on the Memo issued by the Respondent no.2 vide No.G2l25712019 d1.26.08.2020 and Amended lvlemo no.G2t257l2O19 dated.

29.12.2020 in respect of the unapproved plots bearing PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 2750 OF 2022 Nos.

2; 3, 4, 5, 1 5, 16, 17,18, 20, 21, 33, 57, 65, 66, 67, 68, 75, 76, 77, 78, 79, 80, 81, 82 in Sy.No. in Sy.No.225lC situated at Haneef Nagar, Zaheerabad Town and Mandal, Sanga Reddy District, Telangana, as illegal, arbitrary and in violation of Articles 14,21 and 300 A of Constitution of lndia and also in violation of principles of natural justice and consequently direct the respondent no.3 to receive, register and release the documents presented by the petitioners in favour of prospective purchasers for the unapproved plots bearing Nos.

2, 3, 4, 5, 15, 16, 17 , 1B',20,21 , 33,57,65,66,67,68,75 ,76,77,78,79,80,81,82 in Sy.No.225lC situated at Haneef Nagar, Zaheerabad Town and Mandal, Sanga Reddy District, Telangana.

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supporl of the petition, the High Court may be pleased to direct the respond6nt no.3 herein to receive, register and release the documents presented by the petitioners ln favour of prospective purchasers produced by the petitioners in respect of unapproved plots bearing Nos.

2,3,4,5,15,16,17,18 ,20,21 ,33,57,65,66 67,68,75,76,77,78,79,80,81,82 in Sy.No.225lC situated at Haneef Nagar, Zaheerabad Town and Mandal, Sanga Reddy District, Telangana, pending disposal of the writ petition.

Counsel for the Petitioner: SRI PRAMOD SINGH Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER lA NO: 1 OF 2022 HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.2750 OF 2022 oRpER (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 dated22.02.2022 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.

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 permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition.

2 4.

In view of the above, recording 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 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 documenVs registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Govemment before the Hon'ble Supreme Court; and (ii) in case, it is found that there is any vioiation 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 shail 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 the order dated 22.02.2022 in I.A.

No.2985 3 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 sa1e, hansfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.

G2l 2 57 I 20 I 9 dated 26.08.2020 and 29.12. and 29.12.2020 issued by the respondent - the Cornmissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TPA{MC/2019 dated 01.11.2019 issued by the respondent - the Cornmissioner, Municipal Corporation, Nizarnpet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar 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 (Civi1) No.i9695 of 2021 filed by the State Government before the Hon'ble Supreme Courl; and (iii) in case, it is found that there is any violation of law like plots / lands / structures being sold form part I I 1 To, 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 a{e hit by relevant statutory provisions; that registration of the sarne 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.

SD/.G.SIREESHA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1.

The Principal Secretary ,State of Telangana, Revenue Stamps and Registration Department, Secretariat, Hyderabad.

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

The Sub-Registrar, Zaheerabad l\,4andal, Sanga Reddy District.

4.

One CC to SRl.

PRAIVOD SINGH, Advocate [OPUC] 5.

Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad. [OUT] 6.

Two CD Copies.

CD Copies.

7.

One Spare Copy.

GIVN BS + HIGH COURT DATED:0710312022 ORDER W P.No.2750 of 2022 DISPOSING OF THE WP WITHOUT COSTS ..o C.o?t'o 1tl ?. 'a- -.) ,3t 27 JUN ZIZ2 r .r.CY'l ai tp ar 22J I