Sadiya Qamer v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 10090 OF 2022 Between:

1. Sadiya Qamer, W/o IVlohammed Shakeel Miskini, Aged about 36 years, Occ. Household, R/o H.No.13-162/1 , Shaheen Nagar, Bahadurpura, Hyderabad, T.S.

2. Syeda Tayyaba Esmat Unnisa, W/o Syed Arif, Aged about 44 years, Occ. Housewife, R/o H.No.'12-2-83014/1 , Red Hills, Mehdipatnam, Hyderabad, T.S.

3. Rabia Sultana, Wio Ghouse Mohiuddin Ghori, Aged about 50 years, Occ. Housewife, F/o H.No. 1 7-8-42 1 /H, Yakutpura, Hyderabad, T.S.

4. Saleh Bin Awaz, S/o Late Awaz Bin Ahmed, Aged about 47 years, Occ. Business, R/o H.No.22-6-899, Panjesha, Charminar, Hyderabad, T.S.

5. Naseem Sultana, W/o Khaja Pasha, Aged about 53 years, Occ. Housewife, R/o H.No.19-2-203/L, Ranmasthpura Backside, Bahadurpura, Hyderabad, T.S.

6. Khaja Pasha, S/o [t/]ohammed Osman, Aged about 60 years, Occ. Business, R/o H.No.19-2-203/L, Ranmasthpura Backside Bahadurpura, Hyderabad, T.S.

7. Mubeena Banu, W/o ttrlohd. Shabbir, Aged about 42 yearc, Occ. Housewife, Fl/o H. No. 1 9-2 -369 13613312, Chandu Lal Baradari, Bahadurpura, Hyderabad, T.S.

B. Al Amri Khalid Jafar, S/o. Jafar Abdul Reitman Al Amri, Aged about 30 years, Occ. Business, R/o Dream City Compound, H.No.43, Near Bala Garden Function Hall, Balapur Road, Chandrayangutta, Hyderabad, T.S

9. Ulfat Ruquia, W/o Mohammed Ehtesham Uddin, Aged about 55 years, Occ. Housewife, R/o H. No.23-2-485, IVoghalpura, Charminar, Hyderabad, T.S. l0.lVohammed lbrahim Ai1az, S/o Late Mohammed Yousuf, Aged about 51 years, Occ. Busrness, Rio H.No.'19-5-171A13911 , Bahadurpura, Hyderabad, T,S.

l1.Zaheda Moazzam, Wio lvlohammed lbrahim Aijaz, Aged about 51 years, Oec. Housewife, R/o H.No.19-5- 17 lAl39l1, Bahadurpura, Hyderabad, T.S.

12. Ir,4ohammed Hameed Uddin Ahmed, S/o Late Mohammed Aliuddin Ahmed, Aged about 1B years, Occ. Business, R/o H.No.23-2-233, It/loghalpura, Hyderabad, T.S.

13.Siraj Fatima, W/o Late fVlohammed Aliuddin Ahmed, Aged about 36 years, Occ. Household, Rio H.No.23-2-233, tvloghalpura, Hyderabad, T.S.

14. Baji Shaik, S/o Lalu Saheb, Aged about 36 years, Occ. Business, Rl/o Vutukuru Gampalagudem, Krishna District, A.P.

15.Afrah Razzak, D/o Abdul Razzak, Aged about 26 years, Occ. Household, Fl/o H. No.3-6-6281 402, Himayath Nagar, Hyderabad, T.S. ...PETTTTONER(S) AND The State of Telangana, Rep. by its Principal Secretary, Revenue Stamps and Registration Department, Secretariat, Hyderabad. 1.

The Commissioner and lnspector General, Stamps and Registration, Moazzam Jahi Market, Hyderabad, T.S.

a The Sub-Registrar, Doodh Bowli, Hyderabad, T.S. The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tank Bund, 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 any writ, order or direction more in the nature of Writ of Mandamus, declaring the action of the Respondent No.3 herein, in refusing to receive, register and release the sale deeds presented by the Petitioners in respect of the Flat No.101 , on first floor of the complex known as AL-NOOR APARTMENT, with a plinth area of 900.00 square feet (including common areas and one car parking space in parking lot admeasuring 100 square feet), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing Municipal Nos. 19-2-227l21l1\lBlC and 19-2227l21l1BlBlCl1 , on Plot No.

B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.103, on first floor of the complex known as AL-NOOR APARTMENT, with a plinth area of 900.00 square feet (including common areas and one car parking space in parking lot admeasuring 100 square feet), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing Municipal Nos.19-2-227l21l1llBlc and 19-2227l21l1BlBlCl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.201 , on second floor of the complex known as ALNOOR APARTMENT, with a plinth area of 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing lr,4unicipal Nos. 19-2-227l21l1BlBlC and 19-2-227l21l1\lBlCl1, on Plot No.

B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.

NOOR APARTMENT, with a plinth area oI 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing Municipal Nos.19-2-227l21l1\lBlC and 19-2-227l21l1glBlCl1, on PIot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.301, on third floor of the complex known as AL-NOOR APARTMENT, with a plinth area of 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing Municipal Nos.19-2- 227l21l18lBlC and 19-2227l21l18lBlCl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.302, on third floor of the complex known as AL-NOOR APARTMENT, with a plinth area of 900.

00 square feet (including common areas and one car parking space in parking lot admeasuring 100 square feet), together with undivided share in land 20.45 square yards (Out of 450.0 square yards)' in the premises bearing Municipal Nos.19-2-227l21l|\lBlC and 19-2227l21l1BBtCl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.303, on third floor of the complex known as AL-NOOK APARTIVENT, with a plinth area of 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing Municipal NosJ9-2-227l21l1\lBlC and 19-2227l21t188lCl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura' Hyderabad, T.S., Flat No.304, on third floor of the complex known as AL-NOOR APARTMENT, with a plinth area of 900.

00 square feet (including common areas and one car parking space in parking lot admeasuring 100 square feet), together with undivided share in land 20.45 square yards (out of 450.0 square yards), in the premises bearing Municipal Nos.19-2-227l21l1BlBlC and 19-2' 227l21l1BlBtcl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.40'1 , on fourth floor of the complex known as AL-NOOR APARTMENT, with a printh area of 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards (out of 450.0 square yards), in the premises bearing Municipal Nos.19-2-227l21l1glBlc and 19-2227l21l1BtBtcl1, on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad,T.s.,FlatNo.403,onfourthfloorofthecomplexknownasAL-NOOR APARTIVENT, with a plinth area of 900.

00 square feet (including common areas), together with undivided share in land 20.45 square yards (out of 450.

yards), in the premises bearing Municipal No's.19- 2-227l21l1BlBlC and 19-2227l21l18lBlCl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura. Hyderabad, T.S., Flat No.404, on fourth floor of the complex known as AL-NOOR APARTMENT, with a plinth area of 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards .(Out of 450.0 square yards), in the premises bearing Municipal No's.19-2- 227l21l1\lBlC and 19-2227l21l18lBlCl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., and Flat No.504, on fifth floor of the complex known as ALNOOR APARTMENT, with a plinth area of gO0.0O square feet (including common areas and one car parking space in parking lot admeasuring 100 square feet), together with undivided share in land 20.45 square yards (Out of 450.

0 square yards), in the premises bearing Municipal No's.19-2-227l21l1BlBlC and 19-2227l21l18lBlCl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., on the ground that the Proceedings No.G2l2S7l2O19, dated 2608-2020, is issued by the Respondent No.2, is wholly illegal, arbitrary and contrary to the provision of the Registration Act and consequenfly direct the Respondent No.3 herein to receive, register and release the sale deed presented by the Petitioners herein, without reference to the Memo No.G2125712019, dated 26-08-2020, issued by the Respondent No.2.

IAN Petition under Section '1 51 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.3 herein to receive, register and release the sale deeds presented by the Petitioners herein in respect of Flat No.101 , on first floor of the complex known as 'AL-NOOR APARTIVENT", with a plinth area of 900.00 square feet (including common areas and one car parking space in parking lot admeasuring '100 square feet), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing Municipal No's.19-2-227l21l1\lBlC and 19-2- 227l21l1BlBlCl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.103, on first floor of the complex known as 'AL-NOOR APARTMENT", with a plinth area of g00.00 square feet (including common areas and one car parking space in parking lot admeasuring '100 square feet), together with undivided share in land 20.45

square yards (Out of 450.0 square yards), in the premises bearing Municipal No s.19-2-227121118/B/C and 19-2-227l21l18lBlCl1, on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., FIat No.201, on second floor of the complex known as "AL-NOOR APARTMENT", with a plinth area of 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing Municipal No's.19-2-227l21l18lBlC and 19-2- 227l21l1BlBlCl1 , on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.203, on second first floor of the complex known as "AL-NOOR APARTMENT", with a plinth area of 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards (Out of 450.

0 square yards), in the premises bearing Municipal No's.19-2-227l21l1BlBlC and 19-2-227l21118lBlcl1, on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.30'1 , on third floor of the complex known as 'AL-NOOR APARTIMENT", with a plinth area of 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing Municipal Nds.19-2-227l21l18lBlC and 19-2-227l21l18lBlCl1, on Plot No.B-C, situated at Ramanaspura Bahadurpura, Hyderabad, T.S., Flat No.302, on third floor of the complex known as "AL-NOOR APARTMENT", with a plinth area of 900.00 square feet (including common areas and one car parking space in parking lot admeasuring 100 square feet), together with undivided share in land 20.45 square yards (Out of 450.

0 square yards), in the premises bearing lvlunicipal No's.19-2-227l21l1\lBlC and 19-2-227l21l18lBlcl1, on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.303, on third floor of the complex known as "AL-NOOR APARTIvIENT", with a plinth area of 900.00 square feet (including common areas), together with undivided share in land 20.45 square yards (Out of 450.0 square yards), in the premises bearing lVunicipal No's.19-2-227t21l1\lBlc and 19-2'227l21l1BlBlCl1, on Plot No.B-C, situated at Ramanaspura, Bahadurpura, Hyderabad, T.S., Flat No.304, on third floor of the complex known as "AL-NOOR APARTIVENT", with a plinth area of 900.00 square feet (including common areas and one car parking space in parking lot admeasuring 100 square feet), together with undivided share in land 20.45 square yards (Out of 450.

0 square yards), in the premises bearing Municipal No's.

situated at Ramanaspura, Bahadurpura, Hyderabad' T'S ' Flat No 401' on fourth floor of the complex known as 'AL-NOOR APARTMENT"' with a plinth area of 900.00 square feet (including common areas)' together with undivided share in land 20.45 square yards (Out of 450 0 square yards)' in the premises bearing Municipal No's. 19-2-227 l21l1BtBtC and 19-2-227l21l1BtBtCt1' on Plot No B-C' situated at Ramanaspura, Bahadurpura' Hyderabad' T'S ' Flat No 403' on fourth floor of the complex known as "AL-NOOR APARTMENT"' with a plinth area of 900.00 square feet (including common areas)' together with undivided share in land 20.45 square yards (Out of 450 0 square yards)' in the premises bearing MunicipalNo.s.lg-2-227t21t18tBtCand19.2-227l21t18lBlCl1,onPlotNo.

B-C, situated at Ramanaspura, Bahadurpura, Hyderabad' T S ' Flat No 404' on fourth floor of the complex known as 'AL-NOOR APARTMENT"' with a plinth area of 900.00 square feet (including common areas)' together with undivided share in land 20.45 square yards (Out of 450'0 square yards)' in the premlses bearing MunicipalNo,s.19.2.227l21l1}l}tcand19.2-227t2ll1\tBlcl1,onPlotNo.B-C' situated at Ramanaspura' Bahadurpura, Hyderabad' T S ' and Flat No 504' on fifth floor of the complex known as "AL-NOOR APARTMENT", with a plinth area of 900.00 square feet (including common areas and one car parking space in parkinglotadmeasuringl00squarefeet)'togetherwithundividedshareinland 20.45 square yards (Out of 450.0 square yards)' in the premises bearing MunicipalNo's.

19-2-227t21l1BlBlCand19-2-227l21t18lBl:l1'onPlotNoB-C' situated at Ramanaspura, Bahadurpura, Hyderabad' T S'' without reference to theMemoNo.

Counsel for the Petitioner(s): SRI MIRZA SHAH NAWAZ BAIG Counsel forthe Respondent Nos' I to 3: GP FOR STAMPS & REGISTRATION Counsel for the Respondent No' 4: SRI PASHAM KRISHNA REDDY' SC FOR MUNICIPALITIES The Court made the following: ORDER

THE HON'BLE SRI JUSTICE B' VIJAYSEN REDDY WRI T PETITIO No.10090

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 batchdated|s,o2,2oz2aSmodifiedbytheorderdaled22'02.2022 in I.A. No.2 of 2022 in W'P' No'2985 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.328 of 202:_ and batch as modified by the order dated 22,02.2022 in I.A. No'z 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 reglstration by the petitioner/s without reference to the Memo Nos'G2/257 /2OL9 dated 26.O8.2020 and 29'12'2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.aslTPlNMC/2019 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 Couru 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 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 writ petition stand closed.

I r\ in the SDi-P.PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal secretary, Revenue Stamps and Registration Department, state of Telangdna, Secretariat, Hyderabad.

2. The Commissioner and lnspector General, Stamps and Registration, Moazzam Jahi Market, Hyderabad, T.S.

3. The Sub-Registrar, Doodh Bowli, Hyderabad, T.S'

4. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad.

5. One CC to SRI IMIRZA SHAH NAWAZ BAtc Advocate tOpUCl

6. One CC to SRI PASHAIV KRTSHNA REDDY, SC FOR MUNtCtpALtTtES [oPUC]

7. Two CCs to GP FOR STAMPS AND REGTSTRATTON (TG) ,High Court for the State of Telangana. [OUT] B. Two CD Copies.

9. One spare copy.

SW \,-br'

NPJ

HIGH COURT \ DATE D:2510212022 STATE v 0 4 HAn 2[a o .b+ * *

ORDER

WP.No.10090 of 2022 ) DISPOSING OF THE WRIT PETITION $ f=* WITHOUT COSTS.