Ameena Begum vs. The State Of Telangana And 3 Others
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Order Issued After Hearing
Purpose:
Admission (Stamps And Registration )
Before:
Hon'ble G Sri Devi
Listed On:
26 Apr 2022
Order Text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HON'BLE JUSTICE G SRI DEVI
WRIT PETITION NO: 19't53 OF 2022
Between:
Ameena Begum, W/o. Abdul Gaffar, Aged about 65 years, Occ House hold' Ryo. pattaOrZutg village, Narayanpet Mandal, Narayanapet O'ttt'll.rar,r,o*a*
AND
- 1 The State of Telangana, Rep.by its Principal Secretary, Stamps and Registration Depaiment, S6cr6tariat Buildings, B.R K.R Bhavan, Tank Bund' Hvderabad.
- itle Commissioner and lnspector General of Registration and Stamps, Telanoana. office at lr/ohamiahi Market Road, Hyderabad. 2
- fne Olitrici Registrar, Stamfs and Registration Department, Narayanapet District. 3
- The Sub Registrar of Assurance, Stamps and Registration Department, Narayanapei, Narayanapet District. 4
...RE''.NDENTS
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 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 document/sale deed submitted by me in respect of 55 plots covered by Survey No611,612 and 613/AA situated at Pallabuzurg village, Narayanpet Town, Narayanapet District admeasuring 16936.54 Sq. Yards in pursuant to Memo No. G2125712019, 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 lndia and consequently direct the 4th respondent to receive, register and release the document presented by me in respect of <sup>55</sup> plots covered by Survey No.61 1 ,612 and 613/AA situated at Pallabuzurg village, Narayanpet Town, Narayanapet District admeasuring 16936.54 Sq. Yards without reference to Memo. G2125712019, dt. 26.08.2020 issued by the 2nd respondent as directed by this Honble 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 <sup>2022</sup> and batch dated 18.02.2022 passed by this Honble Court,
lA NO: <sup>1</sup> 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 pleased to direct the 4th respondent to receive, register and release the document presented by me in respect of 55 plots covered by Survey No.61 'l ,612 and 613/AA situated at Pallabuzurg village, Narayanpet Town, Narayanapet District admeasuring 16936.54 Sq. Yards without reference to Memo. G2l257l2}1g. dt. 26.08.2020 issued by the 2nd respondent as directed by this Honble 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 o1 2022 and batch dated 18.02.2022 passed by this Honble court forthwith, pending disposal of the above writ petition Counsel for the Petitioner: SRI KHAJA MOINUDDIN
Counsel for Respondents: AGP FOR REVENUE
The Court made the following: ORDER
HONOURABLE JUSTICE G.SRI DEVI
WRIT PETITION No. 19153 of 2022
ORDER:-
Heard both sides and perused the material on record.
-
lt is submitted by the learned counsel on either side that subject matter of this writ petition is squarety covered by the common order passed by this Court in W.P. No.328 of Z0Z2 and batch dated 18.02.2022 as modified by the order dated 22.02.2022 in l.A. No.2 of 2022 in W.P. No.2985 of 2022 and batch, as such, this writ petrtion may be disposed of in terms thereof.
-
Therefore, following the common order, dated 18.02.2022 passed in W.P. No.32B of 2027 and batch as modified by the order dated ?2.0?..70?2 in l.A. No.2 of ?022in W.P. No.2985 of ZOZZ and in terms thereof, this writ petition is disposed of as under without any order as to costs:
(i) The respondent - Sub-Registrar is directed to register the document of sate, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2l257t2019 dated 26.08.2020 and 29.17.2020 issued by the respondent - the Commissioner and lnspector 6eneraI of Registration and Stamps, Telangana; Letter No.45lTPlNMC/2019 dated <sup>01</sup>..1 1.2019 issued by the respondent - the Commissioner, Municlpat Corporation, Nizampet to the respondent the Sub Registrar,
! ! Quthbuttapur, Ranga Reddy District, and simitar [etters, if any, issued by the various Municipat Commissjoners in the State;
(ii) the Sub Registrars in the State shatl 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 (Civit) No.19695 of 2021 fited by the state Government before the Hon'ble Supreme Court; and
(iii) in case, it is found that there is any viotation of [aw [ike ptots / tands / structures being sold form part of F.T.L. and Buffer Zone / Ptots having tess than 30 feet road width access, the Sub Registrar shatl make an endorsement informing / cautioning the purchasers that risk is invotved in purchase of such ptots; such transactions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon'bte Supreme Court in SLP (Civit) No.19695 of 7021 . To that effect, an endorsement shatt 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, m'isceltaneous petitions, if any, pending in the writ petition shatl stand ctosed.
SD/.T.SRINIVAS ASSISTANT REGISTRAR /,( ll)
//TRUE COPY//
SECTION OFFICER
1 To,
2 fi [ffifi iff i*ii'il:'-i'i,ffi rtpxaii'f ;v,tl';"I"*''**:',,
-
- The District Registrar, Stamps and Registration Department, Narayanapet District.
-
LUISTITUTEL<br>
- The Sub Registrar of Assurance, Stamps and Registration Department,<br>
- Narayanapet, Narayanapet District.<br>
- One CC to Sri Khaja Moinuddin Advocate [OPUC]<br>
- Two CCs to GP For Revenue, High Court for the
-
- I wu CD Copies<br>8. One Spare Copy<br>MBC
$SB$ $C_{2}^{*}$

DATED: 26/04/2022

ORDER
WP.No.19153 of 2022
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS

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