Jada Ravi Kumar v. The State Of Telangana
[ 3256 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 43935 OF 2022 Between:
Jada Ravi Kumar, S/o. Venkanna, Aged about 38 years, Occ. Employee, Rl/o. Flat No. 502, H.No.25-40191|F-502, 5th floor, Dharani Residency, East Anandbagh, Malkajigiri, Hyderabad.
...PETITIONER AND
1. The State of Telangana, Represented by its Principal Secretary (Stamps and Registrations), Secretariat, Hyderabad.
2. The Sub-Registrar, Malkajigiri, Mlaka.iigiri/Medchal District.
3. The Telangana state Wakf Board, Rep. By its Chief Executive Officer, Huz House, Nampally, Hyderabad.
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 a writ or order or direction more particularly in the nature writ of mandamus declare the in action of the Respondents 2nd not receiving the document presented by the petitioner for the Residential property House bearing FIat No. 502 in sth floor of DHARANI RESIDENCY bearing M.No. 25-40/91|FFO2, PTI No. 1170667498 on PIot Nos. 45 and 45-A in survey No. 582 to an extent of Undivided Share of Land 20.00 sq.yards or 16.72 sq.mtrs out of 41 1 sq.yards or 343.59 sq.mtrs, in survey Nos. 496 with a plinth area of 950 sq.
ft RCC including all common areas situated at East Anandbagh, Malkajigiri, under GHMC Malkajigiri Mandal, lVlalkajigiri/Medchal district then Ranga Reddy district is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 300 -A of Constitutional of lndia and consequently direct the 2nd Respondent 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.2nd herein to consider documents filed by the petitioner herein for the Residential property House bearing Flat No. 502 in 5th floor of DHARANI RESIDENCY bearing M.No. 25-40191|F502, Pf l No. 1170667458 on Plot Nos. 45 and 45-A in survey No.582 to an extent of Undivided Share of Land 20. 00 sq.yards or 16.72 sq.mtrs out of 411 sq.yards or ' 343. 59 sq mtrs, in survey Nos. 496 with a plinth area of 950 sq.ft RCC including all common areas situated at East Anandbagh, Malkajigiri, under GHMC Malkajigiri Mandal, Malkajigiri/Medchal district then Ranga Reddy District in favour of the Vendee.
Counsel for the Petitioner :SRl DANTU VENKATA RAMANA SARMA Counsel for the Respondent Nos 1 & 2: AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRI ABUL AKRAM, SC FOR WAQF BOARD The Court made the following: ORDER
)8\c THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.43935 of 2O22 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 peLition is squarely covered by the common order passed by this Court in W.P.No.39286 of 2022 and batch, dated 28.10.2022. 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 Registrar to receive, process, register and release the subject document that may be presented by the petitioner for registration in respect of the residential house property bearing PIat No.5O2 in 5e Floor of Dharani Residency bearing M.No.25-a0l9llF5O2, PII No.1170667498 on Plot Nos.45 and 45-A in Survey No.582 to an extent of undivided share of land admeasuring 20.00 sq. yards or 16.72 sq. meters out of 41 1 sq. yards or 343.59 sq. meters in
Survey No.496 with plinth area of 950 sq. feet RCC including all common areas situated at East Anandbagh, Malkajgiri, under GHMC Malkajgiri 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-II, dated 01.07.2O04, subject to petitioner satisfying with the other requirements, as contemplated under the Registration Act, 1908 and the Indian Stamp Act, 1899. 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 law. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
SD/. T.SRINIVAS DEPUD(REGISTRAR //rRUE coPY/'
,.513ru oFFrcER To,
1. The State of Telangana, Represented by its Principal Secretary (Stamps and Registrations), Secretariat, Hyderabad.
2. The Sub-Registrar, Malkajigiri, MlakajigiriiMedchal District.
3. The Telangana state Wakf Board, Rep. By its Chief Executive Officer, Huz House, Nampally, Hyderabad.
4. One CC to Sri Abu Akram, SC for Waqf Board.
5. One CC to SRl. DANTU VENKATA RAMANA SARMA, Advocate [OPUC]
6. Two CCs to AGP FOR STAMPS AND REGISTRATION, High Court forthe State of Telangana. [OUTI
7. Two CD Copies uSK
HIGH COURT DATED:0711212022 ; ST4r 21 [iC 2iA -:)cJ .'-r.
ORDER
WP.No.43935 of 2022 DISPOSING OF THE WRIT PETITION \ L \:-..