← Library
High Court for State of TelanganaWP/10081/2022ordered

Ghulam Mujtaba Khan v. The State Of Telangana

2022-02-24B.Vijaysen Reddy8 pages

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 10081 OF 2022 Between:

1. GHULAIU TUUJTABA KHAN, S/o Ghulam Mohd.Khan, Aged about 32 years, Occ Business, R/o 10-5-39/4, Nai Basthi, First Lancer, Hyderabad - 500 028.

2. GHULATM MAHBOOB KHAN, S/o Ghulam Mohd.Khan, Aged about 30 years, Occ Business, R/o 10-5-39/4, Nai Basthi, First Lancer, Hyderabad - 500 028.

3. GHULAIV JEELANI KHAN, S/o Ghulam lt4ohd.Khan, Aged about 28 years, Occ Business, R/o 10-5-39/4, Nai Basthi, First Lancer, Hyderabad - 500 028 ...PETITIONERS AND THE STATE OF TELANGANA, Represented by its Principal Secretary, Revenue Department Secretariat, Hyderabad THE COIVIVISSIONER AND INSPECTOR. General of Registration and Stamps, Telangana, Hyderabad.

THE DISTRICT REGISTRAR, Ranqa Reddy District. THE SUB-REGISTRAR, Gandipeta, Ranga Reddy District ...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 pass an order, direction or writ 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 Sale-cum-General Power of Attorney/ Agreement of Sale-cum-General Power of Attorney with Possession to be presented by the Petitioners in respect cf (1) Flat No.301, Third Floor, admeasuring 1200 sft including common areas together with undivided share of land admeasuring 20 sq.yds out of 900 sq.yds, (2) Flat No.302, Third Floor, admeasuring 1253 sft including common areas along with one car parking

together with undivided share of land admeasuring 22 sq.yds out of 900 sq.yds,

(3) Flat No.303, Third Floor, admeasuring 1268 sft including common areas along with one.car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds, (4) Flat No.3O4, Third Floor, admeasuring "1268 sft including common areas along with one car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds, (5) Flat No.401, Fourth Floor, admeasuring 1200 sft including common areas together with undivided share of land admeasuring 20 sq.yds out of 900 sq.yds, (6) Flat No.402, Fourth Floor. admeasuring '1253 sft including common areas along with one car parking together with undivided share of land admeasuring 22 sq.yds out of 900 sq.yds,

(7) Flat No.404, Fourth Floor, admeasuring 1268 sft including common areas along with one car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq,yds, (B) Flat No.501, Fifth Floor, admeasuring 1200 sft including common areas together with undivided share of land admeasuring 20 sq.yds out of 900 sq.yds, (9) Flat No.502, Fifth Floor, admeasuring 1253 sft including common areas along with one car parking together with undivided share of land admeasuring 22 sq.yds out of 900 sq.yds, (10) Flat No.503, Fifth Floor, admeasuring 1268 sft including common areas along with one car parking together with undivided share of land ad measuring 25 sq.yds out of 900 sq.yds, (1 1) Flat No.

504, Fifth Floor, admeasuring 1268 sft including common areas along with one car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds and (12) Pent House, Sixth Floor, admeasuring 1800 sft including common areas along with one car pa-king together with undivided share of land admeasuring 30 sq.yds out of 900 sq.yds constructed on Plot Nos.B-212, B-213 and B-2'14, admeasuring 300 sq.yds each together admeasuring 900 sq.yds in Sy.Nos.96/2 and 96/3, situated at Bandlaguda Jagir Village, Rajendranagar Mandal, Ranga Reddy District by referring the grounds of Memo No.G2125712019 Dated 26.08.2020 issued by the Respondent No.2 as it being illegal, arbitrary unjustified and against to lire provisions of law and consequently direct the Respondent No.

release the same in accordance with law without referring the grounds of lr,4emo No,G2l257 12019 Dated 26.08.2020.

lA NO: 1 OF 2022 Petition under Section 151 CPC praying that jn 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 Deeds/Release Deeds/Sale Deeds/Agreement of Sale-cum-Gene ral power of Attorney/Ag reement of Sa le-cum-General Power of Attorney with Possession to be presented by the Petitioners in respect of (1) Flat No.301, Third Floor, admeasuring 1200 sft including common areas together with undivided share of land admeasuring 20 sq.yds out of 900 sq.yds, (2) Flat No.302, Third Floor, admeasuring 1253 sft including common areas along with one car parking together with undivided share of land admeasuring 22 sq.yds out of gOO sq.yds,

(3) Flat No.303, Third Floor, admeasuring 1268 sft including common areas along with one car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds, (4) Fiat No.304, Third Floor, admeasuring 1268 sft including common areas along with one car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds, (5) Flat No.401, Fourth Ftoor, admeasuring 1200 sft including common areas together with undivided share of land admeasuring 20 sq.yds out of 900 sq.yds, (6) Flat No.402, Fourth Floor, admeasuring 1253 sft including common areas along with one car parking together with undivided share of land admeasuring 22 sq.yds out of 900 sq.yds,

(7) FlaI No.404, Fourth Floor, admeasuring 1268 sft including common areas along with one car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds, (B) Flat No.501, Fifth Floor, admeasuring 1200 sft including common areas together with undivided share of land admeasuring 20 sq.yds out of 900 sq.yds; (9) Flat No.502, Fifth Floor, admeasuring 1253 sft including common areas along with one car parking together with undivided share of land ad mea suring 22 sq.yds out of 900 sq.yds, .(19) Flat No.503, Fifth Floor, admeasuring 1268 sft including common areas along with one Car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds, (1 1 ) Flat No.504, Fifth Floor, admeasuring 1268 sft including common areas

along with one car parking togbther with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds and (12) Pent House, Sixth Floor, admeasurrng 1800 sft including common areas along with one car parking together with undivided share of land admeasuring 30 sq.yds out of 900 sq.yds constructed on Plot Nos.B-212, B-2'l 3 and 8-214, admeasuring 300 sq,yds each together admeasuring 900 sq.yds in Sy.Nos.96/2 and 96/3, situated at Bandlaguda Jagir Village, Rajendranagar Mandal, Ranga Reddy District without referring the I\,4emo i No.G2l257l2O19,l Dated 26.08.2O2O issued by the Respondent No.2 thereby to i release the same.

Counsel for the Petitioners:SRl. P.ACHUTHAM REDDY Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER

HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No,10081 OF 2022

ORDER

Heard both sides and perused the material on record

2. lt 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 22.02.2022 in l.A. No.2 of 2022 in W.P. No.29B5 o'f 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

3. Therefore, following the common order dated 18.02.2022 in W.P. No.32B ot 2022 and batch as modified by the order dated 22.022022 in l.A. No.2 ol 2022 in W.P. No.29B5 o'f 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 lhe N,4emo Nos.G2l257l2O1 I dated 26.O8.2020 and 29.12.2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No 45/TP/Nl\,4Cl2019 dated 01 11.2019 issued by the respondenl - 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 2021 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 subiect 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 in this writ petition stand closed.

SD/-V'KAVITH A ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Revenue Department ' State Of Telangana '

To, The PrinciPal Secretary'

Secretariat, HYderaoao The Commissioner And lnsPector'

i"tungrnu, HYderaoao '

General of Registration and Stamps'

3. The District Registrar, Ranga Reddy District.

4. The Sub-Registrar, Gandipeta, Ranga Reddy District

5. One CC tor SRt. P.ACHUTHAM REDDY Advocate tOpUCl

6. Two CCs to Gp FOR REVENUE ,High Court for the State of Tetangana touTl

7. Two CD Copies.

B. one Spare'Copy.

cB (l.s BS

HIGH COURT DATE D :24 10212022 lft\ (i ot Nq zt?t ?ii \- ".u.'-''-.'/

ORDER

WP.No.10081 of 2022 DISPOSING OF THE WP WITHOUT COST \o ,.

J