Ms. Shaheen Begum v. The State Of Telangana And 2 Others
[ 3256 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENry EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO :PRESENT:
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO:46340 AF 2022 Between:
Ms. Shaheen Begum, Wo. Mansoor Hussain Saleem, Aged about 44 years, Occ: Housewife, rlo. 1- 9- 277139, Adikmet, Lalitha Nagar, Hyderabad.
...Petitioner
AND I . 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 WaK 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 receiving the document presented by the petitioner for the Open Plot bearing No. 10, in survey No. 418/1 and 41911 (forming part of H. No. 43- 44913511) to an extent of '100 sq. yards or 83. 6 sq. mtrs situated at Ranga Reddy Nagar, (covered under Block No. 43) near RTC Colony, Moula-Ali, Malkajigiri, under GHMC of Malkajigiri circle and Mandal, Malkajigiri/Medchal Dlstrict the 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 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 Open Plot bearing No. 10, in survey No. 418/1 and 41911 (forming part of H. No. 43- 44913511) to an extent of '100 sq.yards or 83.6 sq.mtrs situated at Ranga Reddy Nagar, (covered under Block No. 43) near RTC Colony, Moula- Ali, Malkajigiri, under GHMC of Malkajigiri circle and Mandal, Malkajigiri/Medchal District the then Ranga Reddy District in favour of my vendee.
a Ccunsel for the Petitioner: SRl. DANTU VENKATA RAMANA SARMA Counsel for the Respondent No.1 & 2: AGP FOR STAMPS AND REGISTRATION Counsel forthe Respondent No.3: SRI ABU AKRAM (Standing Counsel for Waqf Board) The Court made the following: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR '
WRIT PETITION No.4634O of 2o.22 ORDER:
Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps and Registration and Sri Abu Akram, learned Standing Counsei 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 W.P.No.39286 of 2022 and batch, dated 28.1O.2022. I t 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, register and release the subject document that may be presented by the petitioner for registration in respect of the open Plot No. 10 in Survey Nos.418/1 and 419/1 (forming part of H.No.43-449/35/1) to an extent of 100 sq. yards or 83.6 sq. meters situated at Ranga Reddy Nagar (covered under Block No.43) near RTC Colony, Moula-Ali, Malkajgiri, under GHMC of Malkqlgiri Circle and Mandal, Malkajgiri Medchal t
District, rvithout reference to the Gazette Notification No.6-A, published in A.P. Gazettc Partll, dated 09.O2.L989 and Notification No.27-A, published in A.P. Gazette, Part-II, dated Ol.O7.2OO4, 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/.A.V,S. PRASAD ASSISTANT REGISTRAR I //TRUE COPY// LI, SECTION OFFICER To, The Principal Secretary, Stamps and Registrations, State of Telangana, Secretariat, Hyderabad.
The Sub- Registrar, Malkaligrri, tVltakajigiriiMedchal District. The Chief Executive Officer, Telangana State Wakf Board, Huz House, Nampally, Hyderabad.
One CC to SRT DANTU VENKATA RAMANA SARMA Advocate [OpUC] One CC to SRl. ABU AKRAM, Standing Counsel for Waqf Board, High iourt for the State of Telangana, Hyderabad. tOpUCl Two CCs to Gp FOR STATVpS AND REGISTRhT|ON, High Court for the State of Telangana. [OUT] Two CD Copies .) t
HIGH GOURT MSK.J DATED:2811212022
ORDER
'.--- r'{J*t*' s14 WP.No.46340 of 2021,t.
1!
.7 \ \ WRIT PETITION IS DISPOSED OF WITHOUT COST