Mohd.Mujtaba Khan vs The State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) FRIDAY ,THE FOURTH DAY OF IVARCH TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE B,VIJAYSEN REDDY WRIT PETITIO N NO: 11297 OF 2022 Between: AND I lVlohd.Muitaba Khan, S/o. tVohd.Osman Khan, aged 52 years, Occ' Agriculture, Rlo.3-7-2611, Ravindra Nagar, lVlahbub Nagar District, Telangana State' ...PETITIONER The State of Telangana, ReP Revenue, Secretariat, HYdera by ba its Principal Secretary, Department of d.

2.

The Commissioner and lnspector, General of Registration and Stamps, M J' Market, Hyderabad, T.S.

3.

The Sub-Registrar, o/o the District Registrar, Peddapalli, Peddapalli District (Old Karimnagar District. ...RESPONDENTS Petition 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 a writ, or direction more particularly one in the nature of writ of Ir,4andamus declaring the action of the respondent Nos.2 and 3, more particularly the action of the 3rd Respondent in refusing to receive, register and release the sale deeds due to be presented by the petitioner in favour of the prospective purchasers in respect of plot nos.72 in Sy.No.904 to an extent of 176.81 sq.yards and in plot no.79 in Sy.No.905 to an extent ot 141 .87 Sq.yards, and vide patta pass book No.1486, situated at K.N.

Colony, near old railway gate, Veerannapet, trilahaboobnagar on the ground of lVlemo No.G2 125712091 dated 261812020' pertaining to no n-reg istration of proposed layout of plots and fiats, contrary to Law, as being illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act-1908, and violation of A(icle 14and 3004 of constitution of lndia.

IANO:1OF2022 PetitionunderSectionl5lCPcprayingthatinthecircumstancesStatedin the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. ondent No.3 herein to receive, register and release the sale deeds due to be presented by the petitioner in respect of plot nos 72 in Sy No'904 to an extent of176.81Sq.yardsandinplotNo.79inSy.No.905toanextentof141.B7Sq.yards, andvidepattapassbookNo.l436,situatedatKNColony'nearoldrailwaygate' Veerannapet,Mahaboobnagarwithoutreferencetothememobearing No.G2t25712O19, dated 26to8l2o2o issued by the respondent No.2 and pass Counsel for the Petitioner:SRl.

P VAMSHEEDHAR REDDY Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.l1297 OF 2022 ORDER: Heard both sides and perused the rraterial on record 2.

It is submitted by the learned counsel on either side that subject matter of this Writ Petition is squarely covered by the Cornrnon 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, as such, this Writ Petition may be disposed of in ten-r.rs thereof.

Therefore, 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.2 of 2022 in W.P.No.2985 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 document of sale, transfer and gift etc., presented for registration by the petitioner/s without references to the Memo Nos.G2125712019 dated 26.O8.2020 and 29.12.2020 issued by the respondent - the Commissioner and lnspector General 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 Djstrict, and similar letters, 2 if any, issued by the various lrlunicipal Commissioners in the State; (ii) the Sub Registrars in the State shall m te shall make an endorsement at lhe 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.1 9695 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 / Iands / 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.1 9695 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.

The miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs. //TRUE COPY' 1 The PrinciPal Secretary Secretariat, HYderabad State of Telangana, Department of Revenue' The Commissioner and lnsPector' Market, Hyderabad, T S' General of Registration and Stamps' M J TheSub-Redistiar,O/otheDistrictRegistrar'Peddapalli'PeddapalliDistrict (Old Karimnagar District' One CC to SRl.

P VAMSHEEDHAR REDDY Advocate [OPUC] 2.

4.

To, SD/.

I.

NAGA LAKSHMI ASSISTANT REGISTRAR 6" SECTION OFFICER \riY 5.

Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. tourl 6.

Two CD Copies 7.

One Spare Copy rsn HIGH COURT ', DATED:0410312022 ORDER WP.No.11297 ot 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ? g MAR 2022 i J V