Abdul Khadeer Jeelani v. The State Of Telangana And 2 Others
[ 32s6 ] HIGH COURT FOR THE STATE OF TELANGANA ,.
(Special Original Jurisdiction) ,,/ THURSDAY, THE EIGHTH DAYOF DECEMBER ,, TWO THOUSAND AND TWENTY TWO ,..
:PRESENT:
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR --- WRIT PETITION NO: 38872 OF 2022 z/ Between:
Abdul Khadeer Jeelani, S/o. Mohd.Hafeez, Occ Employee, r/o. Plot No.6,7,32 and 33, Ravindra Nagar, Habsiguda, Hyderabad. ...PETITIONER .''
AND
1. The State of Telangana, Represented by its Principal Secretary (Stamps and Registrations), Secretariat, Hyderabad.
2. The Sub - Registrar, Malkajigiri, MlakaJigiri/Medchal District.
3. The Telangana State Wakf Board, Rep. By its Chief Executive Officer, Huz House, Nampally, Hyderabad.
/ ...RESPONDENTS Petition under Article 226 of 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 declare the in action of the Respondents 2nd not recelving the document presented by the petitioner for the property bearing No. 43 - 397114 (PTl No. 1171004637) on Plot No. 51/2, in survey No.411 to an extent of 100 sq.yards or 83.6 sq. mtrs situated at Krishna Nagar, Hanuman Nagar Colony, Moula - Ali, Malkajigiri, under GHMC of Malkajigiri circle and Mandal, Malkajigiri/Medchal District is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 300 - A of Constitutional of India and consequently direct the 2rtd Respondent to entertain the registration of 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.2nd herein to consider documents filed by the petitioner herein pertaining to the property bearing No. 43 - 39711A (PTl No. 1171004637) on Plot No. 51/2, in survey No.41 1 to an extent of 100 sq.yards or 83.6 sq. mtrs situated at Krishna Nagar, Hanuman Nagar Colony, Moula - Ali, Malkajigiri, under GHMC of Malkajigiri circle and Mandal, Malkajigiri/Medchal District in favour of the petitioner.
, Counsel for the Petitioner: SRl. DANTU VENKATA RAMANA SARMA Counsel for the Respondent No.1 to 2: GP FOR STAMPS AND REGISTRATION (TG) Counset for the Respondent No.3: SRt ABU AKRAM STANDING COUNSEL FoR WAQF BOARD The Court made the following: ORDER
THE HON,BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.38872 of 2022 ORDER:
Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps and Registration and Sri Abu Akram, learned Standing Counsel for Waqf Board. 2.
Learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the Waqf Board would submit that the issue involved in this writ petition is squarely covered by the common order passed by this Court in \ t W.P.No.39286 of 2022 and batch, dated 28.1O.2022. 3.
Following the said common order, dated 28.10.2022, and for the reasons alike in the said common order, this Writ Petition is also disposed of directing the respondent - Sub Rggistrar to receive, register and release the subject document that may be presented by the petitioner for registration in respect of the property bearing No.43-397/1,{ (Frfl No.1171004637) on Plot No.51/2 in Survey No.411 to an extent of 100 sq. yards or 83.6 sq. meters situated at Krishna Nagar, Hanuman Nagar Colony, Moula-Ali, Malkajgiri, under GHMC Malkajgiri Circle and Mandal, Medchal Malkajgiri District, without reference to the
|> Gazette Notification No.6-A, published in A.p. Gazette part_ll, dated 09.02.1989 and Notification No.27-A, published in A.p. Gazette, Part-ll, dated 0L07.2004, subject to petitioner satisfying with the other requirements, as contemplated under the Registration Act, 1908 and the Indian Stamp Act, 1g99. If the respondent-Waqf Board has got any claim on the subject property, it is open for Waqf Board to pursue such rights, in accordance with 1aw. There shal1 be no order as to costs. Misceilaneous Petitions, if any, pending in this writ petition shall stand closed.
D. SANAULLAH ANSARI ASSISTANT REGISTRAR SD/- MOH ,TRUE COPY'
i,, SECTION OFFICER To,
1. The Principal Secretary (Stamps and Registrations), Secretariat, State of Telangana, Hyderabad.
2. The Sub - Registrar, Malkajigiri, Mlakajigiri/Medchal District.
3. The Chief Executive Officer, Telangana State Wakf Board, Huz House, Nampally, Hyderabad.
4. One CC to SRl. DANTU VENKATA RAMANA SARMA Advocate [OPUC]
5. One CC to SRl. ABU AKRAM, Standing Counsel forWaqf Board [OPUC]
6. Two CCs to GP FOR STAMPS AND REGISTRATION (TG), High Court for the State of Telangana. [OUT]
7. Two CD Copies
HIGH COURT MSK.J DATED:0811212022 .-..-.-\ L4 L G\..
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ORDER
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WP.No.38872 ot 2022 WRIT PETITION IS DISPOSED OF WITHOUT COST