Syed Jakeer Ali vs THE STATE OF TELANGANA

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 30736 OF 2021 Between:
1. Syed Jakeer Ali, Sio Syed Mohammad Ali, Age. 39 years, Occ. Business, R/o H.No.5-7-30/B/2/A, Old Palamoor Street, Mahabubnagar Town and District, Telangana State and
2.
Abdul Hafez, S/o Abdul Waheb Age. 58 years, Occ. Agricultural, R/o H.No.7-
1-84, Premnagar Colony, Mahabubnagar Town and District, Telangana.
...PETITIONERS AND
1. THE STATE OF TELANGANA, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad.
2. The Commissioner and lnspector, General of Stamps 'and Registration, Mojamjahi Market, Hyderabad.
3. The Joint Sub-Registrar, Mahabubnagar (RO), Mahabubnagar District.
..,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 pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring the action of 3rd respondent in refusing to receive, register and release the sale deeds presented by the purchasers from me in respect of plots carved out of land totally admeasuring Ae.2.20 gts foiming part of Sy:Nos. 37, 38, 39, 40 and 41 of Chowderpally Village, Hajilapur Gram Panchayath Devarkadra Mandal, Mahabubnagar District, pursuant to the Memo Nos.G2l257;2019, dated 26-08-2020, and 29-12-2020 issued by the 2nd respondent under the Prohibition of registration of unauthorized plots and buildings against my plots bearing nos. 1, 14, 20,22,24,28,29,30,31,33, 41, 43,44,45,49, 50, 51 and 54 to 57 in the said layout as arbitrary, illegal, without jurisdiction, contrary to the provisions of Regrstration Act, 1908 and in violation of Art. 14 of Constitution of lndia and consequently to direct the respondent no.3 herein to forthwith receive, register and release the sale deeds presented by the persons those who purchased from me in respect of the plots referred above and covered by Sy. Nos. 37, 38, 39 and 40 of Chowderpaly Village, Hajilapur Grampanchayat, Devarkadra Mandal, Mahabubnagar District, without reference
2to n dth re e M se pm oo n N do es.G n2 t.t2 SZt '2 eO v .rtgv,'
duoa(tceud z2o6-_u0d8_-t2u0z2u0 aarnd 29'12-2020 issued by the IANo:
1OF 2021 in the aP fe fit dit aio vn it u filn ed de r in S se uc pti po on r . t 1 o5 t ] t hc eP pc e p iitr ia oy ni ,n ig f ,t "h at in the circumstances stated issue interim direction to the 3rd nurpono"rt'iJ frigl., Court may be pleased to release the sale deeds presented ,onn,,n receive, register and by the purchasers oeanng nos. .1 , 14, 20.22,24,28,2'g,30, ii, ,1,i, from us in respect of plots
43
54to ST carved out of the land totalfy aOmeaJuling ncZ 44. 45,49, 50, 51 and 38, 3e, 40 and +1 or"_!h1wd",nJ,i-u;;;;,",i_rulirrp2 0 gts of Sy.Nos 37, Devarkadra Mandal, Mahabubnaga, o,.,r,"i-irlin Gram panchayath II Nos.G2r 2s7t2o1s, dated 26_08120r;,-;;; ')i'_.,or_urto rreof erence to the Memo respondent' pending disposar ot the aoove mr-,n-*r,, petitiois ns , ued by the 2nd in the interest of Counsel for the petitioners : SRl. P.RAVINDRA REDDY Counsel for the Respondent No. 1 to 3 : Gp FOR REVENUE The Court made the following:

ORDER

l i l

.;.

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.30736 0F 2021 ORDER:

Heard both sides and perused the rnaterial on record_

2' It is submitted by the rearned counsel on either side that subject matter of this writ petition is squarely covered by the common order passed by this Court in W.p.No.328 of 2022 and batch dated, 1g.02.2022, as modified by the order dated22.02.2022 in I.A.No.2 of 2022 in w.p.No.29g5 of 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terms thereof.

This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the subject docurnent/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shalr be subject to final result of the writ petition.

In view of the above, recording the aforesaid submission of the leamed counsel on either side, following the common order dated

18.02.2022 in W.P. No.328 of 2022 and batch, as modified by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.p.No.2985 of 2022, in terms thereof, this writ petition is disposed of as under, without any order as to costs:

(A) If the subject document/s has/have already been registered and released pursuant to the interim order;

I (i)

t the document/s registered by the Sub-Registrar shall be subject to outcome ofSLp (Civil) No.19695 of202l filed by the State Govemment before the Hon'ble Supreme Court; and (ii) in case, it is found that there is any violation of taw like plots/lands/structures being sold fbrm part of F.T.L. and Buffer ZonelPlots having less than 30 feet road width access, the Sub Registrar shall make an endorsement informing/cautioning the prillur"., 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 Courl in SLP (Civil) No.19695 of 2021' To that effect, an endorscment shall be made in the encumbrance record, rvebsite ctc'

(B)Ifthesubjectdocurnent/sisiarenotyetregisteredandreleased pursuant to lhe inlerim order:

(i) thc respondent - Sub-Registrar is directed to registcr the iocurnent of sale, transfer and gift etc', presented for registration by the petitioner/s without reference to the Memo Nos G2l257l2019 dated 26.O8.2020 and 29 '12'2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps' Telangana; Letter No.45ffPA{MC/2019 dated 01'11 2019 issued by the respondent{he Commissioner' Municipal Corporation' lriizampct 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 oithe 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 fi1ed by the State Govemment before the Hon'ble SuPreme Court; and i (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 thanlO 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 legistration of thc sam-e- is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Ci;il) 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'

petitions' if any' pending in this As a sequel thereto, miscellaneous writ petition stand closed.

SDi. T. JAYASREE ASSISTANT REGISTRAR //TRUE COPY//

'1 SECTION OFFICER To, 1. The Principal Secretary' Revenue De

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