Mohammed Baquar Hussain vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF IVARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION NO : 14505 OF 2022 Betwee n : AND 1. , J.

4.

MohammedBaquarHuSSain,S/oAhmedMoosa.Aged.5TYrs.Rl/oH.No.16- 2-836t7, Saidabad, Occ. business. ...pETt,oNER The State of Telangana, rep by its Principle Secretary' Revenue Stamps and n.o iitiiiion Depa iment, Stat6 Secretariat.

Hyderabad' inE'ciiir*i..ioi"i int ihipector Genera l, Registration and Stamps' N izam Shahi Road, Hvderabad. ii-i"'oi.ii[i n"'qis1rii,-karimnagar, Stamps and Registration Department' Collectorate Complex, Karimnaqar. i;;"sil H;s'.trii, karimnagar:collectorate office, Karimnaglk.rro*o="r, Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an appropriate writ order or direction more particularly in the nature of a writ of lr,4andamus directing the Respondents more particularity, the 4thRespondentstoreceiveandregistertheSaledeeddated.16.03,2022in respect of an open plot of land forming part and parcel of a portion of the aforesaid land in Survey No.804 of Bommakal Village and Gram Panchayat' Karimnagar (Rural).

Karimnagar.

District, totally admeasuilnd 242 Square Yards as per the scheduled boundries) and to release the said sate deed dated.

16.03.2022 back to the Petitioner herein post registration by declaring that the impugned Memo No' G2t257t2o1g dated.

26.08.2020 issued by the 2nd Respondent is illegal, arbitrary andun.constitutionalandisthereby,liabletobesetasidebythisHonbleCourt lA NO: 1 OF 2022 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 pass an order directing the respondents more particularly the 4th respondent to receive from the petitioner herein and to register t register the sale deed dated 16.03.2022 in respect of an open plot of land forming part and parcel of a portion of the aforesaid land in Sy.No.

804 of Bommakal village and Gram Panchayat, Karimnagar (Rural, Karimnagar District totally admeasuring 242 square yards as per the scheduled boundaries and to release the said sale deed dated 16.03.2022 back to the petitioner herein post registration by declaring that the impugned Memo No.

G2125712019 dated 26.08.2020 issued by the 2nd Respondent is illegal, arbitrary and unco nstitutiona I and is thereby, liable to be set aside by this Honble Court Counsel for the Petitioner: SRI RAKESH SANGHI Counsel for Respondents: AGP FOR REVENUE The Court made the following: OROER / I HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.14505 OF 2022 ORDER: Heard both sides and perused the material on record.

2. lt is submitted by the learned 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 l.A.

No.2 of 2022 in W.P.

No.2985 ol 2022 and batch, as such, this writ petition may be disposed of in terms thereof .

3.

Therefore, following the common order dated j8.02.2022 in W.P.

No.32B of 2022 and batch as modified by the order dated 22,02.2022 in l.A.

No.29B5 of 2022, in terms thereof, this writ petition is disposed of as 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 reference to the Memo Nos.G2125712019 dated 26.08.2020 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. ed 01 .11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, t, 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 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 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.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. ,TRUE COPY// SD/.T.KRISHNA KUMAR ASSISTANT REGISTRAR ,l SECTION OFFICER To,1.

The.Principle Secretary.

Revenue.

Stamps and Registration Depadment, State of Telangana State Secretariat.

Hyderabad.

2.

The,Commissioner and lnspector General, Registration and Stamps, Nizam Shahi Road, Hyderabad.

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

I .--- / 3.

The District Reoistrar K ; gp!*ii;& d:',}i:l l??,H???]? stamps and Resistration Department, i 9l? !!i'T ?,!'{!i "[f, '913fl ? ilg3[""?to ra teorri ce, Ka ri m n a s a r 9.

LWB 33t3r,gi ror Revenie, x'lsh c;,h"r;ifiL stut" of r"rrngana. [our] & One Spare bopy IVB BS $ I o HIGH C URT DATED: 3110312022 .tl t.

0 9l4,ii 2i.'' ORDER WP.No.

DER WP.No.14505 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ol ,\2