Sri. MOHD UBED NAZIM vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTYTWO THE HON'BLE SRI JUSTICE N.

V.

SHRAVAN KUMAR AND 1.

2.

3.

Sri.

MOHD UBED NAZIM, S/o MD ALEEM, Aged about 33 years, Occ' ersineis,-n"siding at 8'13-141114o1A, (|ryg-S- COLONY' Mailar Devpalle, Rajendranagar, Rangareddy, Telangana,500052 ...pE.,oNER The State of Telanqana, Rep. by its Principal Secretary.

Revenue Stamps and Reoistration Depar{ment, Secretariat, Hyderabad. fhd rnspector General, Stamps and Relistration' Moazzam Jahi lVarket, Hvderabad, T.S. ifie SrO-neSistrar, Mancheriyal District, Mancheirial Mandal and distJ,Por*r, Petition under Article 226 ol lhe constitution of lndia praying that in the 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 releasing 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.G2t257t2O19 dt.

26.08.2020 and Amended Memo no.G2l257l2O19 dated.

29.12.2020 in respect of the unapproved plots bearing Nos.

130,131 ,132,133,134,135,136'137,138,139,'140,141 , 142, 143' 144' 145' 146, 147, 148,149,150,151,15 2,159'154'189'190,191,198' ln Sv no 2919/5 admeasuring 1.2000 Ac.Guntas, situated at Dugnepalle village, Bellampalle Mandal, Ir,4ancheriai District, Telangana state, inspite of order dt.23.08.2021 passedbythisHon,blecourtinWP.No,g24ql2o2lasillegal'arbitraryand 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. ondent no.3 to receive, register and release the documents presented by the petitionerS in favour of prospective purchasers for the unapproved plots bearing Nos' PRESENT wRlT PETITION NO: 18390 OF 2022 Betwee n: 130,131 ,132,.133,.134,.135,136,137,.138,139,140,141 , 142, 143, 144, 145, 146, 147, 148, 149,150,151,15 2,153,154,189,190,191,198, tn Sy.no.29l9/5 admeasuring 1.2000 Ac.Guntas, situated at Dugnepaile viilage, BelampaIe Mandal, lVancherial District, Telangana State, lA NO: 1 oF 2022 Petition under section 151 cpc praying that in the circumstances stated in the affidavrt fired in support of the petition, the High court may be preased ro direct the respondent no.3 herein to receive, register and rerease the documents presented by the petitioners in favour of prospective purchasers produced by the petitioners in respect of unapproved plots bearing Nos.

130, 131 , 132,133, 134, 135, 136, 137, 138, 139, 140,141 ,142, 143,144,145,146, 147,148,149,.1 50,15.1 , 152,153, 154,189, 190,.1 91, 198, ln Sy,no.2919/5 admeasuring 1.2000 Ac.Guntas, situated at Dugnepa[e viflage, BeIampaIe IVandar, rr,4ancheriar District, Terangana State, pending disposal of the writ petition Counsel for the petitioner: SRI SYED FEROZ AHMED Counsel for Respondents: AGp FOR REVENUE The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR W.P.No.18390 OF 2022 ORDER Heard both sides and peru sed the materia.l on record 2' It is submitted by the learned counser on either side that subject matter of this writ Petition is squarery covered by the common order passed by this court in w.P.No.328 of 2022 and batch dated 18.02.2 022 as modified by the order dated 22-02.2022 in LA.No.2 of 2022 in w.p.No.2985 of 2022 and batch, as such, this Writ Petition may be disposed of in terms thereof.

Thcrefore, follou'ing rhe common order dated 1g.o2.2022 in w.p.No.32il of )o22 and barch as modiried by thc order dated 22.o2.2022 in I.A.

No.2 of 2022 ,r \\.1).N(, 2oE': ol ),12. : ol ),12. in rcrnrs rltcrLol. this Wrir pctitio. is disposcd ol as Llndcr without any clrder as to costs: (i) of The respondent , Sub-Registrar is directed to register the document sale, transfer and gift etc., presented for registration by the petitioner/s without references to the Memo Nos.G2/257 /2019 dated 26.O8.2O2O and 29.t2.2O2O issued Commissioner and Inspector General by the respondent of Registration and - the Starnps, Telangeina; Lerter No.4SlTp/NMC/2019 dated 01.11.2019 issued by the respondent the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, euthbullapur, Ranga Reddy Distdct, and similar letters, if any, issued by the various Municipal Commissioners in the State. (ii) the Su b Registrars in the state sha.u 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 oi 2O2l 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.'1.L. and Buffer Zone / Plots having Iess than 30 feet road width access, the Sub Registr:rr shall make an endorsement informing / cautioning the purchasers that risk is ini,olr,ed in purchase of such plots; such transactions are hil by relevant statlrtorv provisions; that registration of the same is subject to outcome of orders of the Honble Supreme Court in SLP (Civil) No.

19695 of 2O2l .

To that effect, a-n endorsement shall be made on the reverse side of the hrst / second page of the document and a-lso in the encumbrance record, website etc.

The miscellaneous petitions pending, if any, shall stand closcd. 'l'herc shall be no order as to costs \ SD/.N.CHANDRA SEKHAR RAO //TRUE COPY// ASSISTANT REGISTRAR L:X) SECTION OFFICER To, '1 .

R To, '1 .

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

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

The Sub-Registrar, Mancheriyal District, Mancheirial l\,4andal and dist TS.

4.

One CC to Sri Syed Feroz Ahmed Advocate IOPUC] 5.

Two CCs to GP For Revenue, High Court for the State of Telangana, [OUT] 6.

Two CD Copies 7. pne Spare Copy t{lBc./ BSJ HIGH COURT DATED: 1910412022 1$7 S)Ar-s ( q h 5 aI ioo ?f fl D o .)\ * !) DISPOSING OF THE WRIT PETITION ORDER WP.No.18390 of 2022 WITHOUT COSTS I (1,,: \ t:t