Mohammed Imran v. State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WR|T PETITION NO: 14403 OF 2022 Between:

Mohammed lmran, S/o. Mohammed Khaja, Aged 29 years, Occupation. Business, R/o. H.No. 10-2-169, A Batter Lane, Vijaya Nagar Colony, Hyderabad. ...PETITIONER AND STATE OF TELANGANA, Represented by its Principal Secretary, Revenue Department (Stamps and Registration), Telangana Secretariat, Hyderabad. District Registrar, Ranga Reddy District, At LB Nagar, Hyderabad. The Sub-Registrar, Chevella, Ranga Reddy District. The Commissioner and lnspector General of Registration and Stamps, Hyderabad, Telangana.

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 any writ order or direction more particularly one in the nature of Writ of [Vandamus declare the inaction of respondent No.3 in receiving, registering and releasing the sale deed presented by the petitioner in respect of open Plot No. 31, admeasuring 85 sq. yards., Open Plot No. 32, admeasuring 1 10 sq. yards, Open Plot no. 33, admeasuring 1 10 sq. yards., Open Plot No. 36, admeasuring 110 sq. yards., Open Plot No. 37, admeasuring 200 sq. yards., total admeasuring 6'1 5 sq. yards., in Sy. No. 262i3, situated at lV.S.A. Colony, at Kanakamamidl Village, It4oinabad l\,4andal, Ranga Reddy District., rn pursuance of lr,4emo issued by Respondent No.

4, vide lt4emo No. G2125712019, dated 26.08.2020, as illegal, arbitrary and unconstitutional and consequently direct the respondent No.3 to receive, register and release the deed of sale deeds presented by the petitioners in respect of open Plot No. 31, admeasuring 85 sq. yards., Open Plot No. 32, admeasuring 110 sq. yards, Open Plot no. 33, admeasuring 110 sq. yards., Open Plot No. 36, admeasuring 110 sq. yards., Open Plot No. 37, admeasuring 200 sq. yards., total admeasuring 615 sq. yards., in Sy. No.26213, situated at M.S.A. Colony, at Kanakamamidi Village, Moinabad l\,4andal, Ranga Reddy District., without reference/influence of the [tr]emo issued by Respondent No.4, vide lt/emo No. G2125712019, dated 26.08.2020.

,/ l.A.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 pass interim directions on the respondent No.3 to receive, register and release the deed of sale deeds presented by the petitioners in respect of open Plot No. 31, admeasuring 85 sq. yards., Open Plot No. 32, admeasuring 110 sq. yards, Open Plot no. 33, admeasuring 110 sq. yards., Open Plot No. 36, admeasuring 1'10 sq. yards., Open Plot No. 37, admeasuring 200 sq. yards., total admeasuring 615 sq. yards., in Sy. No.26213, situated at M.S.A. Colony, at Kanakamamidi Village, Moinabad Mandal, Ranga Reddy District., without reference/influence of the Memo issued by Respondent No.4, vide Memo No. G2125712019, daled 26.08.2020.

Counsel for the Petitioner : SRI.R.NAGARJUNA REDDY Counsel for the Respondents : AGP FOR REVENUE The Court made the following ORDER

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.144O3 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.32B of 2O22 and batch dated 18,02.2022 as modified by the order dated 22.02.2022 in LA.No.2 of 2O22 in W.P.No.2985 of 2O22 and batch, as such, this writ petition may be disposed of in terms thereof.

3. Therefore, following the common order dated 78.02.2022 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.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 /2079 dated 26.O8.2020 and 29.72.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45lTPlNlt4c/2079 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 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 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 _---_ in the writ petition shall stand closed. T.KRISHNA KUMAR ASSISTANT REGISTRAR \ ,TRUE COPY'

. //'

SECTION OFFICER To

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

2. The District Registrar, Ranga Reddy District, At LB Nagar' Hyderabad

3. The Sub-Registrar, Chevella, Ranga Reddy District.

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

5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

6. Ohe CC to SRI.R.NAGARJUNA REDDY, Advocate [OPUC]

7. Two CD CoPies B. O-ne spare copy s.A(f

HIGH COURT DATED:3010312022 \ S e nn :) AP 202?

t't r) ):i .

t{

ORDER

WP.No.14403 of 2022 DISPOSING OF THE W.P WITHOUT COSTS.

s