MD.Akram Khan vs The State of Telangana and 3 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE JUSTICE G, SRI DEVI WRIT PETITION NO: 19108 OF 2022 Between: Md.

Akram Khan, S/o. lVd.

Akbar Khan, Aged about 31 years, Occ.

Business, R/o.H.No.B-2-22213,Panjagutta.

Somajiguda, Hyderabad - 50082. a.l..r=r,r,O*a* AND 1.

The State of Telangana, Rep by its Principal Secretary Revenue Department, Secretariat Buildings, Hyderabad.

2.

The Commissioner and lnspector General of Registration and Stamps, NU lvlarket, Hyderabad, Telangana Stagy 3.

The District Registrar, Hyderabad District at Hyderabad_ 4.

The Sub-Registrar, Stamps and Registration Department, SRO Banjara Hills, Hyderabad. ...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 an approprrate Writ, Order or Directton, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in refusing to receive, register and release the sale deed presented by the Petitioner for registration in respect of residential FIat No.401, Fourth Floor, admeasuring 1260 sq. feet (including common areas) including car parking in Stilt Floor together with undivided share of 23 sq. yards (out of total land area 584 sq. yards) in premises House bearing No.B-1-346/23 situated at Sabza Colony, Tolichowki, Hyderabad on the Ground of Memo bearing No.G2l2S712019 dated 26.08.2020 and 29.12.2020 issued by the 2nd respondent as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act-"1908, and Violation of Article 14 of Constitution of lndia on the Ground of Memo bearing No.G2l2i7l2O19 dated 26.08.2020 and 29.12. and 29.12.2020 issued by the 2nd respondent as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act-1908, and Violation of Article 14 of constitution of lndia, and consequenily direct the 4th Respondent to receive, register and release the sale deed presented by the Petitioner without reference to Memo bearing No.G2l2S712019 dated 26.08.2020 and 29.12.2020 issued by the 2nd respondent. il2il 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 direct the respondent No.4 herein to receive, register and release the registered sale deed presented by the Petitioner for registration in respect of residential Flat No.401 , Fourth Floor, admeasuring 1260 sq. feet (including common areas) including car parking in Stilt Floor together with undivided share of 23 sq. yards (out of total land area 584 sq. yards) in premises House bearing No.8-1- 346i23 situated at Sabza Colony, Tolichowki, Hyderabad without reference to Memo bearing No.G2l257l2O19 dated 26.08.2020 and 29.12.2020 issued by the 2nd respondent.

Counsel for the Petitioner: SRl.

K.

NAGENDRA PRASAD Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER HONOURABLE JUSTICE G.sRI DEVI WRIT PETITI ON No.

191 08 of 2027 ORDER:- Heard both sides and perused the materia[ on record' 2. lt is submitted by the learned counsel on either side that subject matter of this writ petition is squarety covered by the common order passed by this Court in W'P' No'328 of 2027 and batch dated 18.02.2022 as modified by the order dated 22'02'2022 in I'A' No.2 of 202? in W.P.

No.2985 of 7072 and batch' as such' this writ petition may be disposed of in terms thereof' 3.

Therefore, fottowing the common order, dated 18'02'2022 passed inW.P.No.328of2022andbatchasmodifiedbytheorderdated 22.07.7022 in l.A.

22 in l.A.

No'2 of 2022 in W'P' No'2985 of 2022 and in terms thereof, this writ petjtion 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 registratlon by the petjtioneri s without reference to the Memo Nos.G2l257 ll}lg dated 26 08 2070 and 79 '17'7020 issued by the respondent - the Commissioner and Inspector Generat of Registration and Stamps, Te(angana; 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' : Quthbuttapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipat Commissioners in the State; (ii) the Sub Registrars in the State shatl 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 (Civit) No.19695 of 2021 fited by the State Government before the Hon'ble Supreme Courq and As a sequel thereto, miscettaneous petitions, if any, pending in the writ petition shatl stand ctosed. //TRUE COPY// SD/-L.SIVA PARYATHI ASSISTANT RT6TRAR To, SECTION OFFICER The Principal secretary Revenue Department, State of relangana secretariat rJU[Orngs, HyoeraDa0.

The.Commissioner qld lnspector General of Registration and Stamps, NU Market.

Hyderabad, Telangana Stagy The District Registrar, Hyderabad D'istrict at Hyderabad The Sub-Registrar, Stamps and Registration Department, SRO Banjara Hills, Hyderabad 9n" 99 to 51-(, Nqgendra Prasad, Advocate tOpUCl Two CCs to GP for Stamps and Registratrons.

Hign C6urt for the State of I elangana at Hyderabad. [OUT] Two CD Copies One Spare Copy \,$,l- 1.

4 5 6 B.

CHR I (iii) in case, it is found that there is any viotation of taw tike ptots / tands / structures being sotd form part of F.T.L. of F.T.L. and Buffer Zone / Ptots having tess than 30 feet road width access, the Sub Registrar shatt make an endorsement informlng / cautionlng the purchasers that risk is invotved jn purchase of such ptots; such transactions are hit by retevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLp (Civit) No.19695 of 2021 .

To that effect, an endorsement shatl be made on the reverse side of the firsti second page of the document and atso in the encumbrance record, website etc.

I HIGH GOURT DATED:2610412022 ORDER W.P.No.19108 ot 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ox,\?