Mr Md Taqi Ur Rahman v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION O:3442 OF 2022 Betwee n:

1. lt/r Md Taqi Ur Rahman, S/o late Mohammed Yousuf Ur Rehman, Aged about 40 years, Occ. Pvt employee, R/o H.No.7-2-5712, Ashok colony, Sanathnagar, Hyderabad.

2. Mrs Arifa Begum, Wio late Mohd Yaqub Ur Rehman, Aged 68 Yrs, Occ. House Wife, R/o H.No. 7-2-57, Ashok colony, Sanathnagar, Hyderabad.

3. Mr Mohd Mujeeb Ur Rahman, S/o late lr/ohd Yaqub Ur Rehman, Aged 52 Yrs, Occ, Business, R/o H.No. 7-2-57, Ashok colony, Sanathnagar, Hyderabad.

4. Mr Mohammed Mateen Ur Rahman, S/o late lr4ohd Yaqub Ur Rehman, Aged 51 Yrs, Occ. Business, Fl/o H.No. 7-2-57, Ashok colony, Sanathnagar, Hyderabad.

5. Mr tvlohammed Mujeed Ur Rahman, S/o late Mohd Yaqub Ur Rehman, Aged 47 Yrs, Occ. Business, Fl/o H.No. 7-2-57, Ashok colony, Sanathnagar, Hyderabad.

6. Mrs Nikath Jahan, D/o late lVohd Yaqub Ur Rehman, Aged 45 Yrs, Occ. Business, Rl/o H.No. 7-2-57, Ashok colony, Sanathnagar, Hyderabad.

7. Mrs Najma Jahan, D/o late Mohd Yaqub Ur Rehman, Aged 43 Yrs, Occ. Eiusiness, Fl/o H.No. 7-2-57, Ashok colony, Sanathnagar, Hyderabad.

8. Mrs Salma Jahan, D/o Late Mohd Yaqub Ur Rehman, Aged 41 Yrs' Occ. House Wife, Ri/o H.No. 7-2-57, Ashok colony, Sanathnagar, Hyderabad.

Rep. by their DGPA Holders i) MR ZIA UL REHIVAN' S/o Abdul Ra3niA,- Aged about 43 years, Occ. Business, R/o H.No'10-1-107' Fathenagai, Hyderabad. iiiMRS SHANAZ BANU,W/o Zia Ul Rehman, Aged about 33 years, Occ. Business, R/o H.No.10-'1-107, Fathenagar, Hyderabad.

...PETITIONERS

AND

1. The State of Telangana, Represented by its Principal Secretary, Revenue Department Secretariat, Hyderabad.

2. The Commissioner and lnspector, General of Registration and Stamps, Telangana, Hyderabad.

3. The District Registrar, Hyderabad District, Hyderabad.

4. The Sub-Registrar, Sanjeeva Reddy Nagar, Hyderabad. RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.4 in refusing to receive, process to register and release the Partition Deeds/Gift Deeds/Release Deeds/Sale Deeds/Agreement of Salecum-General Power of Attorney/ Agreement of Sale-cum-General Power of Attorney with Possession to be presented by the Petitioners in respect of 1) Flat No.201, Second Floor admeasuring 950 sq.ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasuring 22.5 Sq.yds out of 333 sq.yds, 2) Flat No.

202, Second Floor admeasuring 950 sq.ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasuring 22.5 Sq.yds out of 333 sq.yds, 3) FIat No.203, Second Floor admeasuring 965 sq.ft including common areas with one car parking '100 Sq feet along with undivided share of land admeasuring 21.6 Sq.yds out of 333 sq.yds, 4) Flat No.301, Third Floor admeasuring 950 sq.ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasuring 22.5 Sq.yds out of 333 sq.yds, 5) Flat No.302, Third Floor admeasuring 950 sq.ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasu ring 22.5 Sq.yds out of 333 sq.yds, 6) Flat No.303, Third Floor admeasuring 965 sq.

ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasuring 21.6 Sq.yds out of 333 sq.yds, 7) Flat No.403, Fourth Floor admeasuring 965 sq.

l Sq feet along with undivided share of land admeasuring 21.6 Sq.yds out of 333 sq.yds in the premises bearing H.No. 7-2-57(PTIN 1100721248 ) and portion of H.No. 7-2-5712 (PTIN 1170769502) totally admeasuring 333 sq.yds or 278.38 sq.mts, situated at Ashok Colony, Sanathnagar, Hyderabad by referring the grounds of lt/emo No.G2125712019 Dated 26.O8.2O20 issued by the Respondent No.2 as it being illegal, arbitrary unjustified and against to the provisions of law and consequently direct the Respondent No.

4 to receive and register the Partition Deeds/Gift Deeds/Release Deeds/Sale Deeds/ Agreement of Sale-cum-General Pqwer of Attorney/ Agreement of Sale-cum-General Power of Attorney with Possession to be presented by the Petitioners pertaining to the above property thereby to release the same in accordance with law without referring the grounds of Memo No.G2125712019 Dated 26.08.2020. lA NO:'l 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 to receive, process to register the Partition Deeds/Gift DeedsiRelease Deeds/Sale Deeds/Agreement of Salecum-General Power of Attorney/ Agreement of Sa le-cum-Genera I Power of Attorney with Possession to be presented by the Petitioners in respect of 1) Flat No.

20'1 , Second Floor admeasuring 950 sq.ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasuring 22.5 Sq.yds out of 333 sq.yds, 2) Flat No.202, Second Floor admeasuring 950 sq.ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasuring 22.5 Sq.yds out of 333 sq.yds, 3) Flat No.203, Second Floor admeasuring 965 sq.ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasuring 21.6 Sq.yds out of 333 sq.yds, 4) Flat No.301, Third Floor admeasuring 950 sq.ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasuring 22.5 Sq.yds out of 333 sq.yds, 5) Flat No.302, Third Floor admeasuring 950 sq.

ft including common areas with one car parking 100 Sq feet along with undivided share of land admeasuring 22.5 Sq yds but of 333 sq.

No.303, Third Floor admeasuring 965 sq.ft including common areas.with one car parking 100 Sq feet along with undivided share of land admeasuring 21.6 Sq.yds out of 333 sq.yds, 7) Flat No.403, Fourth Floor admeasuring 965 sq.ft including common areas with one car parking '1 00 Sq feet along with undivided share of land admeasuring 21 .6 Sq.yds out of 333 sq.yds in the premises bearing H.No. 7-2- 57(PTIN 110O721248 ) and portion of H.No. 7-2-57l2 (PTIN 1170769502) totally admeasuring 333 sq.yds or 278.38 sq.mts, situated at Ashok Colony , Sanathnagar, Hyderabad without referring the lr/emo No.G2125712019, Dated 26.08.2020 issued by the Respondent No.2 thereby to release the same. Counsel for the Petitioner(s) : SRl. V M M CHARY Counsel for the Respondents: AGP FOR REVENUE (TG) The Court made the following: ORDER

V THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No,3442 of 2O22 ORDER:

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 t8.O2.2022 as modified by the order dated 22.02.2022 in I.A. No.2 of 2O22 in W,P. No.29B5 of 2O22 and batch, as such, this writ petition may be disposed of in terms thereoF,

3. Therefore, following the common order dated t8.02.2022 in W.P. No.328 of 2022 and batch as modified by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P. No.29B5 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.c2/25f /20t9 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter II No.45ITPINMC/2O19 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation,

Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commiss joners 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 202t 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 encum brance record, website etc.

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

I Sdi.N. CHANDRA SEKHAR RAO ASSISTANT REGISTRAR I //TRUE COPY// L;1) SECTION OFFICER To

1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

2. The Commissioner and lnspector' General of Registration and Stamps, Telangana, Hyderabad.

I

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3. The District Registrar, Hyderabad District, Hyderabad

4. The Sub_Registrar, Sanjeeva Reddy Nagar, Hyderabad.

5. One CC to SRt. V M M CHARY Advocate iOpUCl t +5:fr*j:r3,IrioR REVENUE (rG), High court ror the State or

7. Two CD Copies

8. One spare copy \.\\

I HIGH COURT I BVR,J DATED:2210212022 '{tii S r;q v.

( 26 t4AR2M2

ORDER

WP.No.3442 o12022 DISPOSING OF THE WP WITHOUT COSTS 1.> t\"r Y