Mr. Mohd. Abdul Akbar vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 17800 OF 2022 Between: Mr.

Ivlohd.

Abdul Akbar, S/o Late [t/ohd.

Yousuf Ali, Aged about 40 years, Occ.

Business, R/o H.No.1-10-281150, Nagarjuna Nagar Colony, Kushaiguda, Secunderabad. ...PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Slamps) Depdrtment, Secretariat Building, Hyderabad.

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

The Sub-Registrar, Uppal, Medchal-Malkajgiri District.

2 3 ...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, Order or Direction, more particularly, one in the nature of Writ of Mandamus, by declaring the action of the 3rd respondent in not receiving and to register and release the sale deed presented by the Petitioner in respect of the Plot No.'l8 Part, in Survey No.9 Part, admeasuring 29 Sq.Yards , or 24.24 Sq.Mtrs., situated at Ward No.5, Block No.'13, Indira Nagar, lvleerpet, Under GHMC, Kapra Circle, Uppal Mandal, Ivledchal-Malkajgiri District, Telangana State, on the basis of Memo No.G2l257l2O19 as illegal, arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article 14 of Constitution of lndian and consequently to direct the 3rd respondent to receive, register and release the sale deed presented by the Petitioner in respect of above said property, notwithstanding the Memo No.G2125712019, issued by the 2nd respondent.

TUESDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO 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 3rd respondent to receive, o receive, register and release the sale deed presented by the Petitioner in respect of the Plot No.18 Part, in Survey No.9 Part, admeasuring 29 Sq.Yards., or 24.24 Sq.Mtrs., situated at Ward No.S, Block No.'1 3, lndira Nagar, Meerpet, Under GHMC, Kapra Circle, Uppal Mandal, Medchal-Malkajgiri District, Telangana State, without reference to Memo No.G2125712019, during the pendency of the above writ petition.

Counsel for the Petitioner: SRI METTU SHANKAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER / lA NO: 1 OF 2022 HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.178OO OF 2022 ORDER Heard both sides and perused the material 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 Common Order passed by this Court in W.P.No.328 .of 2022 and batch dated 1A.O2.2O22 as modified by the Order dated 22.02.2O22 in I.A.No.2 of 2022 in W.P.No.2985 ot 2022 and batch, as such, this Writ Petition may be disposed of in terms thereof.

3.

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 2O22 in W.P.No.2985 of 2O22' 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 t}re document of sale, transfer and gift etc., presented for registration by the petitioner/s without references to the Memo Nos.G2/257 12019 dated 26.08.2020 elrtd 29.12'2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.aSlTPl NMC/2019 dated 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, if any, issued by the various Municipal Commissioners in the State; (ii) the Sub Registrars in the State shall mak shall make an endorsement at the reverse side of the iirst page of the document referred in \ I direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2O2l filed by the State Government before the Honble Supreme Court; a-nd (iii) in case, it is found that there is any violation of law like plots / lands / structures being sold form pa-rt 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 tl.e Hon'ble Supreme Court in SLP (Civil) No.

19695 ol 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.

SD/- K.

AMMAJI ASSISTANT REGISTRAR I SECTION OFFICER To, //TRUE COPY// 1.

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

4.

One CC to SRI METTU SHANKAR Advocate [OPUC] 5.

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

Two CD Copies.

7.

One spare copy.

NPJ OV I I HIGH COURT DATED:1910412022 ORDER WP.No.17800 of 2022 DISPOSING OF THE WRIT PETITION 1 :?[ s v',?0 y1E S TArF q .)oo 1 2 fiAY 2022 zo f: ( \ WITHOUT COSTS. \ ''.J