Abdul Raheem vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD ' -' iSp"ii"t Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF APRIL ' - iwoTHousANDANDTWENTYTWo PRESENT THE HONOURABLE SRI JUSTICE B' VIJAYSEN REDDY WRIT PETITIONNO :22216 0F 2022 Between: AND 1 2 J A?""1,l,i!i?ti:5";-U?Y,ffi::,fi-iH:i^An"?'"f i',1?5J3;3ii'3?'Y'i''TJ?;:*..

The State of Telangana, Represented by its Principal .Secretary' Revenue Deoartment ( Registration'"i -SG'pii'secretariai' Hyderabad' coinmissioner, and tnspectoi dLL"[ir'bin"girtration'and stamps, Telangana ?i"J"i"H,t"lB?R3gist,ar, Makthar, Naravanpet District ...RESpoNDENrs 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 declaring the action of the Respondent No 3 refusing to receive' register and release the sare deed presented by the petitioner in respect of resldential plot admeasuring '12'1 square yards in the private layout carved in Sy No.4B0/2AAI3AJ1SituatedatJaklairVillage,Ir/akthalMandal,NarayanpetDistrict as illegal, arbitrary, without jurisdiction' contrary to the provisions of the lndian Registration Act, 1908 and in violation of Article 14 of the constitution of lndia and consequently direct the Respondent No 3 to receive' register and release the sale deeds presented by the petitioner in respect of the above residential plot without G2t257 t2}1g daled.26l8t2)20 issued by the second reference to Memo No respondent. il2il IA NO: oF2 22 1 PetitionunderSectionl5lCPCprayingthatinthecircumstancesStatedin the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.3 to receive, register and release the sale deed presented by the petitioner in respect of residential plot admeasuring 121 square yards ln the layoutcarvedinSyNo. vedinSyNo.4SO/2AAJ3AJlsituatedatJaklairVillage'Makthaltt'4andal' NarayanpetDistrictwithoutreferencetoMemoNo.G2I2STl2}lgdated,261812020 issued by the second respondent pending disposal of the main writ petition' Counsel for the Petitioner: SRI' GADI PRAVEEN KUMAR Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.22216 of 2O22 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 18.02.2022 as modified by ihe order dated 22.02.2o22 in I.A.

No-.2 of 2022 in W.P.

No.29B5 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

3.

Therefore, followiffg the common order dated L8.02,2022 in W.P.

No.328 of 2022 and batch as modified by the order dated 22.02.2022 in LA.

No.2 of 2022 in W.P.

No.2985 of 2022, in terms thereof, this writ petition is dlsposed 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.G2/257/2079 dated 26.08.2O2O and 29.t2.2O20 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, ORDER: I I in the writ petitio - the Sub Registrar, District, and similar the various Municipal petitions. if any, pending Nizampet to the respondent Quthbultapur, Ranga Reddy letters, if any, issued by Commissioners in the State; As a sequel thereto, miscellaneous ( ii) the Sub Registrt endorsement at tne rt in the state shall make an the document . document .";:-":tt: side of the first page of registrarion so done l:o^ : direction No'(i) that (civit) rvo.rgogi lrrs subiect to outcome of SLp Government before the 2027 filed by the state -.(iii) in case, it ,, rou,.

Hon,ble Supreme CourU and -iaw rike ,,; ; ;";;;d that there is anv vioiation or of F.T.L. and Buffer zostructures being sold form part reet road *,0,h-;;";";i ffi'll:::ffiiili: an endorsement informi that risk is involved :: i-cau:ioning the purchasers such transactions u.u 'n, ..0'ftnuse of such plots; provisions; that registrat;l't^.'.1 relevant statutory outcome of orders or ,n-ol .of the same is subject to slp (civir) ^;;;.;; .-tte Hon'br€ supreme court in an endorsement sha, 0." '0"' To that efFect, the first / ,u.ono;.;" ; made on the reverse side of encumbrance ,.u.o.r, *"ortl: :,".:""", and arso in the n shall stand closed. /iTRUE COPY// ^.:?3,T^'^lT?EtifrRix | |t ', To, 1 itrt"*dfuttt'-?hr,i#8:{:*,{::f;Hff t#jj]"'^ 2 (a,4& ') 3 4 5 rhe Joint sub-Resistlar,'3I'li[]i'flX?1351"i3'ilrtr One CC to Sri Gadi Prave' Two ccs to GP for n"u"ni",'iig['ioti'i ioi tntj state bf relangana at Hvderabad [oUT] .

Triro CD CoPies .

One SPare CoPY 6.

7.

CHR -" SW A- HIGH COURT DATED:2810412022 ORDER 1 fi''4;,.t !..,)? )J : \\ -, \': + :! .t' W.P.No.22216 of 2Q22 DISPOSING OF THE WRIT PETITION WITHOUT COSTS, tvz i\u , i 4ffi;:;;, .\ //, ,.

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