Md, Akhil Ahmed And Another v. The State Of Telangana And 3 Others

HIGH COURT FOR THE STATE OF TELANGANA (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 NO: 5181 OF 2022 Between:

1. IVD, Akhil Ahmed, Sio, Nazeer'Ahmed, Age Rlo. 4-4-4811, Sheraliveedi, Gadwal Town, 509127 33 years, Jogulamba Occ. Agriculture, Gadwal District2. llD. lVlasthan, S/o. Daulat Sab, Age. 36 Years, Occ. Agriculture, R/o. 1-'1-7, GandipetGadwal, JogulambaGadwal District.

...PETITIONERS AND The State of Telangana, Represented by its Principal Secretary, Stamps and Registration, Secretariat, Hyderabad.

The Commissioner and lnspector General, Stamps and Registration Department, tt4.J. l\,4arket, Hyderabad.

The District Registrar, JogulambaGadwal District, Gadwal. The Sub-Registrar, Gadwal JogulambaGadwal District. RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or writ, more particularly, in the nature of Writ of l\,4andamus, thereby declaring the act of Respondent No.4 in refusing to receive, register and releasing the documents in favour of the prospective purchasers produced by the petitioner basing on the vide No.G2l257 12019 dated 2610812020 read with Circular lt/emo No. G2125712019 dated 2911212020 in respect of Plots bearing open plot No, 1 (admeasuring 192.5 sq. yards), plot No. 2 (admeasuring 161.11 sq. yards), Plot No.3 (admeasuring 150 sq. yards), plot No. 4 (admeasuring 108.

33 sq. yards), plot No.5 (admeasuring 82.6 sq. yards), plot No.6 (admeasuring 166.66 sq. yards), plot No.7 (admeasuring 229.16 sq. yards), plot No. 8 (admeasuring 100 sq. yards) and plot No. I (admeasuring 166.66 sq. yards) total admeasuring Ac 0.'1 150.

sy.No.97B/5/1/2 situated at Gadwal Town, JogulambaGadwal District inspite of the orders dated 2310812021 passed by the Hon'ble High court at Hyderabad in \NP no.9248t2021 as illegal, arbitrary and violation of Articles 14, 21 and 3004 and also against the principles of natural justice and consequently direct the Respondent No.4 to receive, register and release the documents in favour of the prospective purchasers produced by the Petitioner for unapproved open Plots bearing open plot No. 1 (admeasuring '1 92.5 sq. yards), plot No' 2 (admeasuring 161.1'1 sq. yards), Plot No.3 (admeasuring 150 sq. yards), plot No 4 (admeasuring 108.33 sq. yards), plot No. 5 (admeasuring 82 6 sq yards), plot No' 6 (admeasuring 166.66 sq. yards), plot No 7 (admeasuring 229'16 sq yards), plot No. B (admeasuring 100 sq. yards) and plot No.

9 (admeasuring 166 66 sq yards) total admeasuring Ac 0.1150.Gts corresponding to sy.No.97B/5/1/2 situated at Gadwal Town, JogulambaGadwal 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 Respondent No.4 to receive, register and release the documents produced by the petitioner in respect of unapproved open Plots bearing open plot No. 1 (admeasuring 192.5 sq. yards), plot No. 2 (admeasuring 161.11 sq. yards), Plot No. 3 (admeasuring 150 sq. yards), plot No. 4 (admeasuring 108.33 sq. yards), plot No. 5 (admeasuring 82.6 sq. yards), plot No. 6 (admeasuring 166.66 sq. yards), plot No. 7 (admeasuring 229.16 sq. yards), plot No. 8 (admeasuring 100 sq. yards) and plot No. 9 (admeasuring 166.66 sq.

yards) total admeasuring Ac 0.1150.Gts corresponding to Sy.No.97Bl51112 situated at Gadwal Town, JogulambaGadwal District pending disposal of the Writ Petition. Counsel for the Petitioners: SRl. S.

THE HON'BLE SRI JUSTICE B. VI]AYSEN REDDY WRIT PETITION No.s181 of 2022

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 2O22 and batch dated 78.02.2022 as modified by the order dated 22,02,2022 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 L8.02.2022 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.2985 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 /2019 dated 26.08.2020 and 29.72.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.a5lTPlNI"lCl2019 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 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 llke 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 ot 2O2I' 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'

Asasequelthereto,miscellaneouspetitionS,ifany,pending in the writ petition sharrstand crosed'

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HIGH COURT DATED:2210212022 , - , rtiE i 4.., ) 2 B t4A.B 2lJ22 J

ORDER

,-,t'1'/ WP.No.5181 of 2022 DISPOSING OF THE WP WITHOUT COSTS