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High Court for State of TelanganaWP/25873/2022withdrawn

Md. Abbas Gori v. The State Of Telangana And 2 Others

2022-07-26Mummineni Sudheer Kumar4 pages

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTIGE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 25873 OF 2022 Between:

lti 4PQgs Gori, S/o. Md. Jahangir Gori (Late), Age 34 years, Occ. Business, B/q. .H. t!9.-19:a4Bl3A, RTC Cot6ny, Mouta nii, HailXajgiri, trl6Ocrrat-rUattalgiri District -500040.

...PETITIONER AND The State of Telangana, Represented by its Principal Secretary. Stamps and Registrations Department, Secretariat, Hyderabad. The Sub-Registrar, Malkajigiri, Medchal-Malkajgiri District.

3. The Telangana State Wakf Board, Represented by its Chief Executive Officer, Huz House, Nampally, Hyderabad.

...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly in the nature writ of mandamus declaring the action of the Respondent No. 2 in not entertain, the sale deed that may be presented by Petitioner in respect of House No.43-376/N-3 (old No.43-376/1A) on Plot No. 114 and 116 in Survey No.411, admeasuring to an extent of 104 Sq. Yards, situated at Dr. N.A. KIM Nagar, Near RTC Colony, Moula AII under Malkajgiri Municipality and Mandal, Medchal-Malkajgiri District the then Ranga Reddy District as illegal, arbitrary and violative of principles of natural justice and against to the provisions of law and contrary to rights guaranteed under 300-4 of Constitution of lndia and consequently direct the Respondent No. 2 to entertain the registration of the sale deed, to receive, process, register and release the sale deed presented by the petitioner without insisting no-objection certificate (NOC) from the 3rd Respondent.

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. 2 to receive, register and release the sale deed that may be presented by the Petitioner in respect of open plot No. 1 9, in Survey No. 418/1 , 419/1 (forming Part of House No. 43-449/35/1), admeasuring to an extent of 100 Sq. Yards, (covered under Block No.43), situated at RTC Colony, Ranga Reddy Nagar, Moula Ali, Malkajgiri, under Gl[r/tc of Malkajgiri circle, Medchal-Matkajgiri District, pending disposal of the main writ petition, in the interest of justice. Counsel for the Petitioner: SRI SURyA BALU MAHENDRA Counsel for the Respondent Nos. 1 & 2:

GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRt ABU AKRAM, SC FOR WAKF BOARD The Court made the following: ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No,2 5a73 of 2022 ORDER:

Learned counsel for the petitioners filed a letter' dated 25.07.2022, in the Registry seeking permission of this Court to withdraw the Writ Petition with liberty to file a fresh writ petition' 2.

Permission, as sought for, is accorded'

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting liberty as sought for by the petitioners' i Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs SD/.N.RAJA GOPAL ASSIST ISTRAR //TRUE COPY// SE TION OFFICER \ To,

1. One CC to SRI SURYA BALU MAHENDRA, Advocate IOPUC] 2.TwoCCstoGPforstampsandRegistration,HighCourtfortheStateof Telangana at HYderabad. [OUT]

3. One CC to SRI ABU AKRAtvl, S C for Wakf Board [OPUC]

4. Two CD CoPies.

5. One Spare CoPY MP SB \

HIGH COURT DATED:2610712022

ORDER

1E SEP 2[??

WP.No.25873 of 2022 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS ugi') g-"