Mazar Ullah Khan v. The State Of Telangana
\ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY WRIT PETITION NO: 20325 OF 2022 Between:
1. MAZAR ULLAH KHAN, S/o Ahmedullah Khan, Aged about 46 years, Occ. Business, Fl/o H. No.'1 9-4-280 I B I 1 1 5 I 27, T adban, Zoopark Road, Hyderabad.
2. FATIMA BANU, W/o Late Jafar Ali Khan, Aged about 41 years, Occ. Housewife, R/o H.No.22-17611 , Farooq Nagar, Mahaboobnagar District. ...PETITIONERS AND THE STATE OF TELANGANA, Represented by its Principal Secretary, Revenue Department Secretariat, Hyderabad.
1.
THE COMMISSIONER AND INSPECTOR, General of Registration and Stamps, Telangana, Hyderabad.
2.
t .THE DISTRICT REGISTRAR, Hyderabad District, Hyderabad. 3.
THE JOINT SUB-REGISTRAR, Banjara Hills, Hyderabad. 4.
...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or writs, order or orders, 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 of (1 ) Flat No'401 ' Fourth Floor' admeasuring 1490 sft including common areas along with car parking together with undivided share of land admeasuring 20 348 sq yds out of 900 sq'yds' (2) FlatNo.402,FourthFloor,admeasuringl490sftincludingcommonareas together with undivided share of land admeasuring 20 348 sq yds out of 900 sq.yds, (3) Flat No.403, Fourth Floor' admeasuring 1815 sft common areas along
with car parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 sq.yds, (4) Flat No.404, Fourth Floor, admeasuring 1815 sft including common areas along wrth car parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 sq.yds, (5) Flat No.405, Fourth Floor, admeasuring '1 128 sft including common areas along with car parking together with undivided share of land admeasuring 15.765 sq.yds out of 900 sq.yds, (6) Flat No.406, Fourth Floor, admeasuring 1 128 sft including common areas along with car parking togelher with undivided share of land admeasuring 15.765 sq.yds out of 900 sq.yds, (7) Flat No.501, Fifth Floor, admeasuring 1490 sft including common areas along with car parking together with undivided share of land admeasuring 20.348 sq.yds out of 900 sq.yds, (B) Flat No.
502, Fifth Floor, admeasuring '1490 sft including common areas along with car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds, (9) Flat No.503, Fifth Floor, admeasuring 1815 sft including common areas along with car parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 sq.yds, (10) Flat No.504, Fifth Floor, admeasuring 1815 sft including common areas along with car parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 sq.yds, ('1 1) Flat No.505, Fifth Floor, admeasuring 1128 sft including common areas along with car parkingtogether with undivided share of and admeasuring 15.765 sq.yds out of 900 sq.yds, (12) Flat No.
506, Fifth Floor, admeasuring 1128 sft including common areas along with car parking together with undivided share of land admeasuring 15.765 sq.yds out of 900 sq.yds, (13) Flat No.601, Sixth Floor, admeasuring 1490 sft including common areas along with car parking together with undivided share of land admeasuring 20.348 sq.yds out of 900 sq.yds, (14) Frat No.602, sixth Froor, admeasuring 1490 sft including common areas along with car parking together with undivided share of land admeasuring 20.348 sq.yds out of 900 sq.yds, (15) Frat No.603, sixth Floor, admeasuring 1B'r 5 sft including common areas along with car parking together with undivided share of rand admeasu ring 2s.44 sq.yds out of g00 sq.yds, (16) Flat No.
604, Sixth Froor, admeasuring 1815 sft incruding common areas along wrth car parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 sq.vds, (17) Flat No.605, sixth Froor, admeasuring 1.r28 sft including common areas arong with car parking together with undivided share of land admeasuring '1 5.265 sq.yds out of 900 sq.yds and (18) Frat No.
Floor, admeasuring 1 128 sft including common areas along with car parking together with undivided share of land admeasuring '15.765 sq.yds out of 900 sq.yds constructed on Plot Nos.94, 95 and 96, admeasuring 900 sq.yds (admeasuring Ac.2.30 Gts out of Ac.22.32-6 Gts) in Sy.Nos.41 ,174, 177,178, 18011,181 ,182 and 211, situated at Tolichowki, Shaikpet Village and Mandal, Hyderabad by referring the grounds of Memo No.G2125712019 Dated 26.O8.2O20 issued by the Respondent No.2 as it being illegal, arbitrary unjustified and against to the provisions of law and consequently direct the Respondent No.
4 to receive and register the Partition Deeds/Gift Deeds/Release Deeds/Sale Deeds/ Agreement of Sale-cum-General Power of Attorney/ Agreement of Sale-cumGeneral Power of Attorney with Possession to be presented by the Petitioners pertaining to the above property thereby to release the same in accordance with law without referring the grounds of Memo No.G2l257l2O19 Dated 26.08.2020. 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, process to register the Partition Deeds/Gift Deeds/Release Deeds/Sale Deeds/ Agreement of Sale-cum-General Power of Attorney/ Agrgement of Sale-cum-General Power of Attorney with Possession to be presented by the Petitioners in respect of (1) Flat No.
40'1 , Fourth Floor, admeasuring 1490 sft including common areas along with car parking together with undivided share of land admeasuring 20.348 sc.Jt of 900 sq.yds, (2) Flat No.402, Fourth Floor, admeasuring 1490 sft including areas together with undivided share of land admeasuring 20.34B sq.yds out of 900 s.c..s, (3) Flat No.403, Fourth Floor, admeasuring 1815 sft including common areas along with car parking together with undivided share of land admeasuring 25.44 sq.yds out of 90. s, (4) Flat No.404, Fourth Floor, admeasuring 1815 sft including common areas along e. ar parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 (5) Flat No.405, Fourth Floor, admeasuring 1128 sfl including common areas along with car parking together with undivided share of land admeasuring 15.765 sq.yds out of 900 sq.
yds, (6) Flat No.
with undivided share of land admeasuring 15.765 sq.yds out of 900 sq.yds, (7) Flat No.501, Fifth Floor, admeasuring 1490 sft including common areas along with car parking together with undivided share of land admeasuring 20.348 sq.yds out of 900 sq.yds, (B) FIat No.502, Fifth Floor, admeasuring 1490 sft including common areas along with car parking together with undivided share of land admeasuring 25 sq.yds out of 900 sq.yds, (9) Flat No.503, Fifth Floor, admeasuring 1815 sft including common areas along with car parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 sq.yds, (10) F;.t No.504, Fifth Floor, admeasuring 1815 sft including common areas along with car parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 sq yds, (11) Flat No.
505, Ffeth Floor, admeasuring 1128 sft including common areas along with car parking together with undivided share of land admeasuring '1 5.765 sq.yds out of 900 sq.yds, (12) Flal No.506, Fifth Floor, admeasuring 1 128 sft including common areas along with car parking together with undivided share of land admeasuring 15.765 sq.yds out of 900 sq.yds, (13) Flat No.601, Sixth Floor, admeasuring 1490 sft including common areas along with car parking together with undivided share of land admeasuring 20.348 sq.yds out of 900 sq.yds, (14) Flat No.602, Sixth Floor, admeasuring 1490 sft including common areas along with car parking together with undivided share of land admeasuring 20.348 sq.yds out of 9OO sq.yds, (15) Flat No.
603, Sixth Flooi, admeasuring 1815 sft including common areas along with car parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 sq.yds, (16) Flat No.604, Sixth Floor, admeasuring '1815 sft including common areas along with car parking together with undivided share of land admeasuring 25.44 sq.yds out of 900 sq.yds, ('l 7) Flat No.605, Sixth Floor, admeasuring 1'128 sft including common areas along with car parking together with undivided share of land admeasuring 15.765 sq.yds out of 900 sq.yds and (18) Flat No.606, Sixth Floor, admeasuring 1 128 sft including common areas along with car parking together with undivided share of land admeasuring 15.765 sq.yds out of 900 sq.yds constructed on Plot Nos.94, 95 and 96, admeasuring 900 sq.yds (admeasuring Ac.2.30 Gts out of Ac.22.32-6 Gts) in Sy.Nos.
41 ,174, 177,178, jg)t1,181 ,182 and 211, situated at Tolichowki, Shaikpet Village and Mandal, Hyderabad without referring the l\rlemo No.G2125712019, Dated 26.O8.2O2O issued by the Respondent No.2 thereby to release the same.
Counsel for the Petitioners:SRI. V.VENKAT RAMANA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER
/ THE HONOURABLE SMT. JUSTICE G.ANUPAMA CHAKRAVARTHY I WRIT PETITION No.20325 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 ot 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 of 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.328 ot 2022 and batch as modified by the order dated 22.02.2022 in LA.No.2 of 2022 in W.p. No.29BS ot 2022, in terms thereof, this writ petition is disposed of as under without any order as to costs:
(i) The respondent - Joint Sub Registrar, Banjara Hills, Hyderabad is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s, if document is otherwise in accordance with law, without reference to the Memo Nos.G2l2S7l2019 . dated 26.08.2020 and 29.12.2020 issued by the . respondent - the Commissroner and lnspector General of Registration and Stamps, Telangana; Letter No.4S/TP/NMCt 2019 dated 01 .11.2019 issued by the I I
respondenr - rhe Commissioner, Munlcipat Cofpofation, 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.l9695 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.
Asasequelthereto'miscellaneouspetitions'ifany'pendingin this writ Petition stand closedSD/-K.AMMAJI ASSISTANT REGISFR \ ,TRUE COPYII sEcfloN oPr,..* To, The Principal,Secretary, Revenue Department , State Of Telangana, Secretariat, Hyderabad.
The Commissioner And lnspector. General of Registration and Stamps, Telangana, Hyderabad.
1.
..,^ca&l.*
The District Registrar. Hyderabad District, Hyderabad. The Joint Sub-Registrar, Banjara Hills, Hyderabad. One CC to SRI V.VENKAT RAMANA REDDY Advocate IOPUC] Two CCs to GP FOR REVENUE,High Court for the State of Telangana louTl
7. Two CD Copies.
B. One Spare Copy GB BS q ,/t // /
I I HIGH COURT DATED:2 5t04t2022 i I CA N\g l\tt tr
ORDER
, WP.No.20325 of 2022 DISPOSING OF THE WP WITHOUT COSTS.
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