Mohammad Hidayathulla v. The State Of Telangana And 2 Others
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\ [ 32s6 I HIGH COURT FOR THE STATE OF TELANGANA ,- ATHYDERABAD "
(SpecialOriginalJurisdiction) ./'
FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO .-- PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 46693 OF 2022 Between:
Mohammad Hidayathulla, S/o. Atha Ullq Occ. Business, R/o. Flat No. 3, Sai Enclave, Krupa complex, Safilgudq Neredment, secunderabad.
...PETITIO*ER ANI)l. The State ofTelangan4 Represented by its Principal Secretary, Stamps and Registrations Department, Secretariat, Hyderabad.
2. The Sub-Registrar, Malkajigiri, Medchal-Malkajgiri District.
3. The Telangana State Wakf Board, Represented by its Chief Executive Officer, Huz House, Nampally, Hyderabad.
/, ...R ESPOI\DEN"TS 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 or order or direction more particularly in the nature writ of mandamus declaring the action of the Respondent No. 2 in not entertaining the document that may be presented by Petitioner in respect of part of house bearing No.43-458/4B on Plot No. 30 in Survey No. 403 admeasuring 100 -00 Sq. Yards situated at Hanuman Nagar, Moula Ali, Malka.igiri, under GHCM ol Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, as'iltegal, arbitrary and violative of principles of natural justice and against to the provisions of law and contrary to rights guaranteed under 300-A of Constitut-ion of lndia and consequently direct the Respondent No.
2 to entertain the sale deed, to receive, process, register and release the document. presented by the petitioners without insisting no-objection certificate (NOC) from the 3'd Respondent IA NO: I Petition under Section l5l 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, process, register and release the document that may be presented by the Petitioner in respect of house bearing No. 43-458148 on Plot No. 30 in Survey No.403 admeasuring 100-00 Sq. Yards situated at Hanuman Nagar, Moula Ali, Malkajgiri, under GHCM of Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, : SRI. SIJRYA BALU MAHENIDRA : GP FOR STAMPS AND REGISTRATION : SRI ABU AKRAM Counsel for the Petitioner Counsel for the Respondent Nos.
l and 2 Counsel for the Respondent No.
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.46693 of 2022 ORDER:
Heard learned counsel appearing for the petitioner, iearned Assistant (iovernment Pleader for Stamps and Registration and Sri Abu Akram, learned Standing Counsel for Waqf Board. 2.
l,earned 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 I t It I covered by the common order passed by this Court in W.P.No.39286 of 2022 and batch, dated 28. 1O.2022. 3.
Following the said common order, dated 28.10.2022, arrd ,s 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 part of house bearing No.43-458/4B on plot No.30 in Survey No.4O3 admeasuring 100-00 square yards, situated at Hanuman Nagar, Moula Ali, Malkajgiri, under GHMC of Malkajgiri Circle and Mandal, Medchal-Malkajgiri District, without reference to the Gazette Notification No.6-A, published in A.P. Gazette part-ll,
a dated 09.02.1989 and Notification No.27_A, published in A.p. Gazette, Part-II, dated 01.07.2004, subject to petitioner satis$ring with the other requirements, as contemplated under the Registration Act, 19O8 and the Indian Stamp Act, 1g99. If the respondent-Waqf Board has got any claim on the subject properfy, 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/- MOHD. SANAULLAH ANSARI ASSISTA ISTRAR { //TRUE COPY// FI'ICER SE To, The Principal Secretary, Stamps and Registrations Department' State of Telangana' Secretariat, HYderabad.
ilffi-il#t -, Malkajigiri, Medchal-Malkajgiri District' The Chief Executive offrcer, ii*g*" s,*. witrsouta, Huz House' Nampally' Hvderabad.
lj'". iti" s*1. suRYA BALU MAHENDRA Advocate [oPUC] 4.
O"" CC r" SRI. ABU AKRAM, Advocate [OPUC] Two ccs to GP FoR sTAMP;';;;nr-cisrnairorv' High court for the State of 6.
Telangana. [OUT]
7. Two CD CoPies
HIGII COUR'I MSK,.] DATEI): 3011212022 .4.=, I qn ll Ig
ORDER
WP.No.46693 of 2021 WRII'PETITTON IS DISPOSED OF WITHOUT COSTS