Mohammad Abdul Nabi v. The State Of Telangana
[ 325s 1 (sHow cAUsE NoTtcE BEFORE ADMtSStON)
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO :PRESENT:
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 15644 OF 2022 Between:
Mohammad Abdul Nabi,.S/o. Mohammed Saheb Hussain Petitioner AND
1. The State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration), Secretariat, Hyderabad.
5. TheTahasildar, QuthbullapurMandal, Medchal-Malkajgiri District. Respondents WHEREAS the Petitioner above named through his Advocate SRI RAJAGOPALLAVAN TAYI presented this Petition under Article 226 of th,e 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 Mandamus declaring the inaction of the respondent No.3 in receiving and registering of the Sale Deed in respect of House No. 25-141 (PTIN No.1151600177) with built up area of 240.0 Sft of ACC on land admeasuring 70.0 Sq.Yards or 58.52 Sq.Mtrs, in Survey No.
384, situated at Venkatram Reddy Nagar, Quthbullapur Village and Mandal, under GHMC Circle, Medchal-Malkajgiri District, Telangana State, on the ground that the survey numbers where the petitioner s property is situated is notified under as prohibited property list under Section 22-A ol Regishation Act, vide Gazette Notification RR No.83 communicated by Joint Collector, Ragna Reddy vide File No.E5/4730/ Quthbullapur/ Quthbullapur d1.2510912013 and Deputy Collector and Tahasildar, Quthbullapur Mandal file No.8/583/2012 d1.1710212012 as illegal, arbitrary and unconstitutional and consequently direct the respondent No.3 to receive and register the Sale Deed presented by the petitioner in respect of House No. 25-14'1 (PTIN No. 1151600177) with built up area of 240.0 Sft of ACC on land admeasuring 70.0 Sq.Yards or 58.52 Sq.Mtrs, in Survey No.
AND WHEREAS the High Court upon perusing the petition and afiidavit filed herein and upon hearing the arguments of Sri RAJAGOPALLAVAN TAYI, Advocate for the Petitioner and Assistant GP for Revenue, who took notice on behalf of the Respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
V You viz:
1. The Principal Secretary, Revenue (Stamps and Registration), State of Telangana, Secretariat, Hyderabad.
5. The Tahasildar, Quthbullapur Mandal, Medchal-Malkajgiri District. are directed to show cause as to why in the circumstanc"s set of,t in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
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.3 to receive and Sale Deed presented by the petitioner in respect of House No. 25-141 (PTIN No. 1151600177) with built up area of 240.0 Sft of ACC on land admeasuring 70.0 Sq.Yards or 58.52 Sq.Mtrs, in Survey No.384, situated at Venkatram Reddy Nagar, Quthbullapur Village and Mandal, under GHMC Circle, Medchal-Malkajgiri District, Telangana State, pending disposal of WP No. '15644 of 2022, on the file of the High Court.
The Court made the following:
ORDER:
Notice before admission.
Learned Assistant Government Pleader for Revenue takes notice on behalf of the respondents.
The learned counsel for petitioner submits that in similar circumstances, this Court granted interim order dated 14.02.2022 in l.A. No.1 of 2022 in W.P. No.7658 ot 2022.
The same is not disputed by the learned Assistant Government Pleader for Revenue.
ln view of the above and for the reasons alike in the order dated 14.02.2022, subject to further consideration of the issue after the judgment of the Hon'ble Supreme Court in Civil Appeal No.4223 of 2018 and batch, the provisions of Section 22-A of the Registration Act and the orders issued by this Court in various writ petitions by way of interim order, the respondentRegistering Authority is directed to receive and process the subject document, without reference to the letter, dated 17'.02.2012, and the Gazette Notification, dated 25.09.2013, subject to compliance of provisions of the lndian Registration Act,'1908 and lndian Stamp Act, 1899 and to ascertain the status of land, as reflected in the revenue records. lf the deed of conveyance complies with all the requirements and there is no embargo in accepting the document for registration, the Registering Authority shall register and release
I / the document. However, any such action shall abide the result of the writ petition. Further, petitioner is directed not to resort to further conveyance of the subject property without leave of this Court. List the matter after three weeks.
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//TRUE COPY// To,
1. The Principal Secretary, Revenue (Stamps and Regiskatron), State of Telangana, Secretariat, Hyderabad. .
5. The Tahasildar, Quthbullapur Mandal, Medchal-Malkajgiri District. (1 to 5 by RPAD- along with a copy of petition and affidavit)
6. One CC to SRI RAJAGOPALLAVAN TAYI Advocate [OPUC]
7. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court at Hyderabad. [OUT]
8. One spare copy mvJ
HIGH COURT NVSK,J DArED:041O412O22 List the matter after three weeks NOTICE BEFORE ADMISSION WP.No.15644 ol 2022 DIRECTION 2:
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