Mr. Anwar Khan v. The State Of Telangana And 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTYTWO PRESENT THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 2883 OF 2022 Between:

MR. ANWAR KHAN, S/o. MAHMOOD KHAN, Aged about 47 years, Occ. Business, R/o. H. No. '16-7-89, Azampura, Hyderabad, T.S. ...PETITIONER AND '1 . The State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat Buildings, Hyderabad.

2. The Commissioner and lnspector General Of Registration and Stamps, Telangana State.

3. The Sub-Regiskar, Azampura, 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 Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 3rd respondent herein refusing to receive, register and release the sale deed presented by the petitioner in respect of Flat No. 401, on fourth Floor of the Building known as A.K. Tower, admeasuring 1000 Sq Feet including common area and one car parking along with undivided share in land 16.66 Square Yards, out of total land admeasuring 200.

00 Square Yards in premises bearing Municipal No 16-7-739 lo 74011 to 3/4C (PTl NO 1061600020) Old No 16-7-739, 16-7-740, 16-7-74011 16-7-74012 84 16-7-74013, on plot no 4c situated at Osmanpura, Near Chaderghat, Hyderabad, Telangana State on the ground that the proceeding No, G2125712019 dated 2610812020 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 above said property.

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 3th respondent herein to receive, register and release the sale deed presented by the petitioner herein in respect of Flat No. 401, on fourth Floor of the Building known as A.K. Tower, admeasuring 1000 Sq Feet including common area and one car parking along with undivided share in land 16.66 Square Yards, out of total land admeasuring 200.00 Square Yards in premises bearing Municipal No 16-7739 to74011 to 3/4C (PTl NO 1061600020) OId No 16-7-739, 16-7-740, 16-774011 16-7-74012 and 16-7- 74013, on plot no 4c situated at Osmanpura, Near Chaderghat, Hyderabad, Telangana State pending disposal of Writ Petition. Counsel for the Petitioner: SRl. M R MOHD IRFAN Counsel for the Respondents No. 1to REGISTRATION The Court made the following: ORDER GP FOR STAMPS AND

--7 HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PBTITION No.2883 OF 2022 oRpER (ORAr_) :

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 the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P. No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terms thereof.

3. This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the subject document/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petltlon.

4. [n view of the above, recording the aforesaid submission of the learned counsel on either side, 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 l.A. No.2 of 2022 in W.I']. No.2985 of 2022, in terms thereof, this writ petition is disposed of as under, without any order as to costs:

(A) Ifthe subject document/s has/have already been registered and released pursuant to the interim order;

(i) the document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Covemrnent before the Hon'ble Supreme Court; and (ii) 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 2021. To that effect, an

J endorsement shall be made in the encumbrance record, website etc.

(B) If the subject document/s is/are not yet registered and released pursuant to the interim order;

(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 I 2 57 I 20 19 dated 26.08.2020 and 29. 12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45ITP/I{MC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizarnpet 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 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 2021 filed by the State Govemment 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

ol 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 ol 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 Coun in SLP (Civil) No.19695 of 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.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed.

I SD/.K.ONESIM ASSISTA REGISTRAR /MRUE COPY// sEcnbl6&rcER To,

1. The Principal Secretary, Revenue (Stamps. and Registration) Department' State of Telangana Secietariat Buildings, Hyderabad'

2. The commissioner and lnspector e-enerit of Registration and stamps, Telangana State.

3. The Sub-Registrar, Azampura, Hyderabad +. onu cc to sRl. M R MOHD IRFAN Advocate [OPUC]

5. i;; ccs to cp FoR sTAMps AND REGISTRATTON ,High court for the State of Telangana at Hyderabad. [OUTI

6. Two CD CoPies

7. One SPare CoPY KM GJP$

HIGH COURT DATED: 0710312022

ORDER

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WP.No.2883 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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