Mr.Rahmathullah Khan vs The State of Telangana

Between: lvlr.Rahmathullah Khan, S/o Shamsher Khan, Aged about 63 years, Occ.

Business, F/o.H.No.

1 0-3-69 I I 122, Humayun Nagar, Hyderabad, T.S.

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE TWENTY NINTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 15723 OF 2022 ..,PETITIONER AND 1 2 The State of Telangana, Rep. by its Principle Secretary, Revenue (Stamps and Registration) Department, Secretariat Buildings, Hyderabad The Commissioner and lnspector General Of Registration and Stamps, Telangana State 3.

The Sub-Registrar, Golconda, Hyderabad District ...RESPONDENTS Petition under Article 226 o'f the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of Writ of [Vlandamus declaring the action of the 3rd Respondent herein refusing to receive, register and release the sale deed presented by the Petitioner in respect of First Floor to an extent of 950 Sq.ft along with undivided share of 25.00 Sq. yards on Eastern Portion of Plot No.68 in Survey No.198, 199, 206, 210, 2O7, 197 and 195 admeasuring 183.00 Sq. yards, situated at Tolichowki, Hyderabad District on the ground that the probeeding No.

G2125712019 dated 26-08-2020 issued by the 2nd Respondent is wholly illegal, arbitrary and contrary to the provisions of the Registration Act and consequently direct the 3rd Respondent herein to receive, register and release the sale deed presented by the Petitioner herein in respect of First Floor to an extent of 950 Sq.ft along with undivided share of 25.00 Sq. yards on Eastern Portion of Plot No.68 in Survey No.198, 199,206, 210,207,197 and 195 admeasuring 183.00 Sq. yards, situated at Tolichowki, Hyderabad District.

District. 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 3rd respondent herein to receive, register and release the sale deed presented by the Petitioner in respect of First Floor to an extent of 950 Sq.ft along with undivided share of 25.00 Sq. yards on Eastern Portion of Plot No.68 in Survey No.198,199,206,210.207,197 and 195 admeasuring 183.00 Sq. yards, situated at Tolichowki, Hyderabad District pending disposal of Writ Petition.

Counsel for the Petitioner:SRl.

MD ABUBAKER BIN AHMED Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER C I i THE HON'BLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.15723 of 2O22 ORDER Heard both sides and perused the material on i'ecord.

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.32B of 2022 and batch dated 18.02.2022 as modified by the order dated 22.02.2A22 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, following the common order dated 18.O2.2022 in W.P,No.32B of 2022 and batch as modified by the order dated 22.02.2022 in I.A.

No.2 of 2022 in W.P.No.29BS 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.G2/257 /20L9 dated 26.O8.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNMC/2019 dated 01.11. ted 01.11.2019 issued by the respondent - the Commissioner, Iv'lu nicipa I Corporation, // / I II 2 Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and simiiar letters, 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 2027 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 part 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 202t.

To that effect, an endorsement shall be made on the reverse side of the first / second page of the document and also in the encu m brance record, website etc.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed //TRUE COPY// SD/.K.AMMAJI ASSIATANT REGISTRAR e>---- SECTION OFFICER ThePrincipleSecretary,Revenue(StampsandRegistration)Department' AiIt" iji iJrr-"slial's,jcretariat Buildinss' Hvderabad TheCommissionerandlnspectorGeneralofRegistrationandStamps' 1 To, 2 Telangana State I I I \ 3.

The Sub-Registrar, Golconda, Hyderabad District 4.

One CC to SRl.

MD ABUBAKER BIN AHMED Advocate [OPUC] 5.

Two CCs to GP FOR REVENUE,H|gh Court for the State of Telangana louTl 6.

Two CD CoPies' 7.

One Spare CoPY.

N" GB -- -*-*, q:--!.-"#-<- -: - ,4 I I I I I HIGH COURT DATED:2910312022 ORDER WP.No.15723 of 2022 DISPOSING OF THE WP WITHOUT COSTS. t I o\.

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