HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

WEDNESDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO: 10520 OF 2022

Between:

Azeemuddin, S/o. Faqruddin, aged about 34 years, Occ : Business, Rio. H.No.3-7-81, Baherpet, Narayapet Town and District, Telangana State.

...PETITIONER

AND

• 1. The State of Telangana, rep.by its Principal Secretary, Stamps and Registration Department, Secretariat Buildings, B.R.K.R. Bhavan, Tank Blind, Hyderabad.
• 2. The Commissioner and Inspector General of Registration and Stamps, Telangana, office at Mohamjahi Market Road, Hyderabad.
• 3. The District Registrar, Stams and Registration Department, Narayanapet District.
• 4. The Sub Registrar of Assurance, Stamps and Registration Department, Narayanapet, Narayanapet District.

...RESPONDENTS

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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 order or direction more particularly one in the nature of writ of mandamus, declaring the action of the 4th respondent in not receiving, processing, registering and releasing the documents/sale deed submitted by the petitioners in respect of the petitioners house property in favour of the petitioner purchased property i.e., bearing House No. 3-6-94/1 and 3-6-94/2 situated at Sandal Katta, Baharpet, Narayanapet Town and District, Telangana State in pursuant to Memo No. G2/257/2019, dt. 26/08/2020 issued by the 2nd respondent as illegal, arbitrary, without any jurisdiction contrary to the provisions of Registration Act, 1908 and in violation of Article 14 of the Constitution of India and consequently direct the 4th respondent to receive, register and release the documents presented by the petitioner in respect of the petitioners purchased house property bearing House No. 3-6-94/1 and 3-6-94/2 situated at Sandal Katta, Baharpet, Narayanapet Town and District, Telangana State without reference to Memo. G2/257/2019, dt. 26/08/2020 issued by the 2d respondent as directed by this Honourable Court in the order passed in W.P.No.9248 of 2021

dated. 23/08/2021 and also as per common order in W.P.No.328 of 2022 and batch dated 18/02/2022 passed by this Honourable Court.

I.A.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 4th respondent to receive, register and release the document presented by the petitioner in respect of the petitioner's purchased House property bearing House No. 3-6-94/1 and 3-6-94/2 situated at Sandal Katta, Baharpet, Narayanapet Town and District, Telangana State without reference to Memo. G2/257/2019, dt. 26.08.2020 issued by the 2nd respondent as directed by this Honourable Court in the order passed in W.P.No.9248 of 2021 dated: 23.08.2021 and also as per common order in W.P.No.328 of 2022 and batch dated: 18.02.2022 passed by this Honourable Court forthwith, pending disposal of the above writ petition.

Counsel for the Petitioner : SRI.KHAJA MOINUDDIN

Counsel for the Respondents : AGP FOR REVENUE

The Court made the following ORDER

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

W.P.No.1O52O OF 2022

ORDER:

Heard both sides and perused the material on record.

2. It is submitted by the learned counsel on either side that subject matter of this writ petition is squarely coverecl by the common order passed by this Court in W.P. No.32B of 2022 and batch dated 18.02.2022 as modified by the order dated 22.02.2022 in LA. No.2 of 2022 in W.P. No.2985 ol 2022 and batch, as such, this writ petition may be disposed of in terms thereof

3. Therefore, following the common order dated 18.02.2022 in W.P. No.32B ol 2022 and batch as modified bv the order dated 22.O2.2022 in I.A. No.2 of 2022 in W.P. No.2985 of 2022, in terms thereof, this r'vrit petition 1S disposed of as under uiithout any order as to costs:

(i) The respondent - Sub Registrar is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s rvithout references to the Memo Nos.G2 I 257 12019 dated

26.08.2020 and 29.12.2020 issued by the respondent the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State;

(ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon'ble Supreme Court; and

(iii) in case, it is found that there is any violation of law like plots / lands / structures being sold form part of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement informing / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an endorsement shall be made on the reverse side of the first/second page of the document and also in the encumbrance record, website etc.

As a sequel thereto, miscellaneous petitions, if any,

pending in these writ petitions stand closed.

//TRUE COPY//

To

SECTION OFFICER

Cent

SD/-PADMANABHA REDDY ASSISTANT REGISTRAR

• 1. The Principal Secretary, Stamps and Registration Department, Secretariat Buildings, B.R.K.R. Bhavan, Tank Bund, State of Telangana, Hyderabad.
• 2. The Commissioner and Inspector General of Registration and Stamps, Telangana, office at Mohamjahi Market Road, Hyderabad.
• 3. The District Registrar, Stams and Registration Department, Narayanapet District.
• 4. The Sub Registrar of Assurance, Stamps and Registration Department,

• The Sub Registration Assurance, Stamps and Registration Department,<br>Narayanapet, Narayanapet District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at<br>Hyderabad. [OUT]

• 7. Two CD Copies
• 8. One spare copy

S.A BS

HIGH COURT

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DATED: 02/03/2022

ORDER

WP.No.10520 of 2022

DISPOSING OF THE W.P WITHOUT COSTS.