1. Syed Akthar v. '1. State of Telangana

Petition Under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of mandamus decraring the action of the respondents 3 to 7 in not entertaining the registrations over the rands of the petitioners pursuant to letter vide F.No.ECrRrHyzotofit2o'r} dared.22to6l2020 issued by the 8th respondent directing:the 2nd respondent not to entertain any properties mentioned in the said letter, is arbitrary, iflegar, unjust, unconstitutionar and contrary to provisions of the lndian Registration Act, i go', and set aside the same, and consequenry direct the respondents 3 to 7 to receive, register and rerease the documents presented by the petitioners without reference to the letter vide F.No.ECr RtF,yzoto4t2ol| dated.2210612020 issued by the gth respondent. 1 1 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents 3 to 7 to receive, register and rerease the documents presented by the petitioners without reference to the letter vide F. No. ECI R/HYZO tO4 I 20 1 B dated.22t 06 t2O2O issued by the 8th respondent, pending disposal of the writ petition. NO OF Petition Under. Section 1 51 CpC praying that in the circ.gmstances stated in the affidavit fired in support of the petition, the High court may be pleased to take the above additional facts and material into consideration and allow the above writ petition in the interest of justice. counsel for the petitioners : SRr T.BALA MoHAN REDDY, ADVoCATE FoR SRI MOHO MOIN AHMED QUADRI Counsel forthe Respondent Nos.1 to 7 : AGp FOR REVENUE Counsel for the Respondent No.g : SRI D.NARENDER NAIK The Court made the following ORDER THE HON'BLE SHRI JUSTICE ANIL KUMAR JUI(ANTI WRIT PE"IITION No.3287 of 2O21 oITDTSIiE This Writ Petition is filed seeking the following relief: "...to issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents 3 to 7 in not entertaining the registrations over the lands of the petitioners pursuant to letter vide F.No. ECIR/HYZOl04l2018 dated 22.06.202O issued by the 8e respondent directing the 2rd respondent not to entertain any properties mentioned in the said letter, is arbitrary, illegal, unjust, unconstitutional and contrary to provisions of the Indian Registration Act, 1908, and set aside the same, and consequently direct the respondents 3 to 7 to receive, register and release the documents presented by the petitioners without reference to the letter vide F.No. ECIR/HYZOl04l2ol8 dated 22.06.202O issued by the 8ft respondent and to pass such other order or orders...."

2. Heard Mr. T.Bala Mohan Reddy, learned counsel representing Mr.Mohd Moin Ahmed Quadri, learned counsel for petitioners, Ms.Dara Haritha Kiran, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 7 and Mr.D.Narender Naik, learned Standing Counsel for Central Government appearing for respondent No.8. \ I i'. ') JAK,J w.P.No.3287 of 202 I

3. It is the specific case of petitioners that action of respondent Nos.3 to 7 in not entertaining registration of the letter uide petitioners' lands pursuant to F.No.ECIR/HYZOIO4/2018, dated 22.06.2020, and the letter uid"e F.No.ECIR/HYZOl2OlS/3907, dated 28.Og.2022, is illegal. Petitioners seek a direction from this Court that respondent Nos.3 to 7 shall receive, register, and release the documents presented by the petitioners without reference to letters dated 22.06.2O2O and 2a -O9.2022'

4. A copy of letter dated 22-06.2020 is annexed to the writ petition and a copy of the letter dated 28.O9'2022 is filed vide I.A. No. I of 2025 (Pg. Nos. 12 and 13 of the I'A')' By virtue of these two letters, the Sub-Registrar was under an obligation not to register the properties mentioned in Annexure I attached to the said letters, Sub-Registrar rejected the documents presented by the petitioners'

5. It is brought to the notice of this Court by learned counsel appearing on behalf of respondent No.8 that letter, dated 28.09.2022 is no more in existence as it is .l l J a J JAK,J W.P.No.3287 of 2021 withdrawn. The only question that falls for consideration is whether the communication i.e., letter dated 22.06'2020 addressed by Assistant Director office of the Joint Director' Enforcement Directorate, Hyderabad Zonai Office to commissioner and Inspector General of Registration and' Stampsistobeconsideredornot.Thecontentsofsaid communication are as follows: "Sub: Investigation against Smt'Nowhera Shaik & */" Heera brorp of Companies under the provisions of PMLA, 2OO2-Reg', This oflice is investigating a case against Smt' Nowhere Shaik & M/s Ht"t" Group of Companies ,t. provisions of Prevention of Money Laundering Act, 2OO2' During the Court of ""J.i i""."tig",i6n, certain properties were identif,red in tte n.ile of M/s Sa guitders and Developers' Shri 6v"i er.tt,"r and his family members as listed in A-nnexure-I (Table-I, Table-tl) to this letter' 2. It is to inform that, no further transaction strouta be allowed in respect of the properties listed iransfer/mortgage/sale/hypothecation gift et9': without permGsion of undersigned since a case rs rfi"t"i"a under Prevention of Money't'aundering -iJt, ZOOZ and investigation is being conducted' 3. The above information/documents are being called for under Section 50 of Prevention of Money Laundering Act,2OO2'" Annexure-I

6.ttispertinenttonotethatinthecommunicationor letter dated 22.06'2020 addressed to the Commissioner andlnspectorGeneralofRegistrationandStamps,certain properties pertaining to petitioners were mentioned in E---- 4 JAK,J W.P.No.3287 of 2021 '..i Annexure-I (Table- 1 and Table-ll) attached to it. These properties were not being registered on the ground that the letter dated 22.06.2020 addressed by the Assistant Director, Office of the Joint Director, Enforcement Directorate, Hyderabad Zonal Office, was forwarded to the Commissioner and lnspector General of Registration and Stamps.

7. On a perusal of Annexure-I of letter dated 22.6.2020, it is observed that a total of L9 properties (bearing document numbers (mentioned therein) of years 2OO3, 2006, 2OO7, 2OO9, 2012, 2Ol5 and 2016) have been put under prohibited list.

8. This Court requested learned Standing counsel for respondent No.8 to get written instructions from the office of Joint Director, Enforcement Directorate, in respect of the contentions raised by learned counsel for petitioner about the said properties, 19 properties (of different extents of land) whether they form part of proceeds of crime. It is contended by learned counsel that in view of Memo filed on i : I I I t, l, / / 5 JAK'J W.P.No.3287 of202l behalf of respondent No'8, the subject matter in Writ Petition does not survive for consideration' g.. A communication(vide an e-mail) to the Office of learned Standing counsel representing respondent No'8 from the Assistant Director' Enforcement Directorate, Hyderab ad, Zonal Unit, Hyd'erabad' dated O4JL2O25 in respect of the 19 properties is placed on record' The contents of email are as follows: It is "Sir, Please refer to the trailing mail on the above informed that vide letter dated subject. the Directorate of 22.06.2020 issued to SRO, Enforcement requested the SRO not to alienate the 19 proPerties of the Petitioner' The document Nos of the said 19 ProPerties are as under: Doc.No. Sl.No s7o2 I rs s7o3 I rs 6e2 I 16 6e3 I L6 6e4 I 16 rooe I L6 101O/ t6 5 6 3 4 2 1 7 8 9 2L9e lL6 4488 I 16 JAK,J W.P.No.3287 of 2021 6 448e I t6 43 / 2OO3 tB8 / 2OOe tooo I 2006 1OO1 l2006 1OO2 I 2016 too3 I 2016 3145 /2OL2 3880 I 2OO7 4202 I 2OO7 10 11 t2 13 t4 15 16 t7 18 19 Ho'*,ever, the Directorate of Enforcement attached two immovable properties of the petitioner (Syed Akhtar) having documents No.(ll 730911979 and (21 462/1980 which are different from the 19 properties listed in letter dated 22.06.2020 issued to SRO."

10. On a perusal of contents of email addressed to office of learned Standing counsel representing respondent No.8, it is apparent that properties of petitioner (Mr.Syed Akthar) bearing document Nos.73O9 of 1979 and 462 of 1980 are different from 19 properties listed vide Annexure-I in (Table-I and Table-ll) in the letter, dated 22.06.2O2O- 1 1. Learned Standing Counsel invited attention of this Court to another email dated 2L.O9.2O25 addressed by Assistant Director, Enforcement Directorate, Hyderabad / / I 7 JAK,J W.P.No.3287 of 2021 zonal Unit, Hyderabad. The contents of said email are as follows: "Sir, In reference to the IA flrled by Syed Akhtar in W.P.No.3287 of 2021 before the Hon'lcle High Court of Telangana praying for direction to release/register the properties of the petitioners by respondents No.3 to 7, following are the submissions of the Directorate of Enforcement, Hyderabad Zonal Office which has been made Respondent No.7: This Department has initiated a PMLA case in file No.ECIR/HYZOl04l2Ol8 against Nowhera Shaik and others under the provisions of PMLA, 2002. During the course of investigation, it was revealed that proceeds of Crime worth Rs.37,58'45,0 1O was transferred to and was found to be in possession of SA Builder and Developer, Syed Akhtar (Applicant) and his family members. In order to prevent alienation of properties held by the appticant, a letter dated 2a.O9.2O22 was issued to Sub-Registrar Golconda, requesting not to allow any transfer, sale, gift of 4 immovable properties held by Syed Akhtar and his family members' In the meantime, a Provisional Attachment Order No.2 I I 2022 dated 05. L2.2O22 was issued attaching 2 immovable properties of Syed akhtar other than letter dated those 4 mentioned in 28.O9.2O22(The said letter dated 28.09.2022 is part of the enclosure of present application). The said attachment covered the entire Proceeds of Crime of Rs.37,58,45,01O possessed by Syed Akhtar Subsequent to the issuance of PAO dated 05.12.2022, a letter dated 06-12-2022 is part of the enclosure of present application) It is therefore informed that imeediately after securing the entire PoC held by Syed Akhtar and his family members by issuance of PAO, the directorate of Enforcement withdrew the embargo put on all the other properties belonging to Syed Akt t"r and his family members and no action is pending on part of the Directorate of Enforcement at this stage. It is further informed that the Directorate of Enforcement cannot act beyond its jurisdiction to 8 JAK,J W.P.No.3287 of 2021 \ direct the SRO to register/release the properties of the applicant and his family members after it has already withdrawn the embargo on the subject properties."

12. On a perusal of contents of email, it is observed that Ietter, dated 28.09.2022 stands withdrawn. In the light of the instructions received (by email) from Assistant Director, Enforcement Directorate, Zonal Unit, Hyderabad, placed on record, it is evident that two bearing document Nos.73O9 of 1979 and 462 of 1982 of petitioners are under attachment and rest of the properties are free from attachment

13. The communication addressed to Commissioner and Inspector General of Registration and Stamps is dated 22.06.2020. It was issued under Section 50 of the Prevention of Money Laundering Act, 2002. The Contention raised is that Section 5 of the Act was invoked.

14. Be that as it o&y, this Court is not inclined to delve into all these aspects. From the documents placed on record, it is evident that properties sought to be attached are mentioned in Table I and Table II of Annexure I, attached to letter dated 22.06.2O2O, addressed to I / ( 9 JAK,J W.P.No.3287 of 2021 Commissioner and Inspector General of Registration and Stamps

15. Learned counsel invited the attention of this Court to Page No.57 of the documents filed by the petitioners along with I.A.No.1 of 2025, wherein the properties of the petitioner No.1- Syed Akhtar, (partner of M/s S.A. Builders and Developers), have been attached for the value of Rs.37,58 ,45,OlO /- (Pg.No.57). The two immovable properties attached by Enforcement Directorate are reflected in the Table-A at Pg.No.S7. They are bearing document Nos. 7309 of 1979 and 462 of 1980'

16. This court d,eems it appropriate that office of Joint of Enforcement Directorate be directed to Director commupicate .to Commissioner and Inspector General of . Registration and Stamps that the petitioners are entitled to deal with the nineteen properties mentioned in Table I and Table II of Annexure I attached to letter dated 22.06'2020 as they are free from attachment. Accodingly, the office of Joint Director of Enforcement Directorate shall communicate with regard to the aspect of nineteen \ \ JAK.J W.P.No.3287 of 2021 properties mentioned in Table t and Table II of Annexure I attached to letter dated 22.06.2020 under Section so within three (3) weeks from date of receipt of a copy of this order to the commissioner, stamps and Registration so as to be further communicated to the sub-Registrar.

17. with the above observations, this writ petition is disposed. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. To

2. 3 4' //TRUE COPYII SD/.C. DEEPIKA REGISTRAR OFFICER Prin , M.J Secreta ry, erabad. Stamps .Road, I?:"'r:T::t$:,t]il:t Revenue (Resistration and stamps) Department, Reven ue ( Reg istratio n a nd sta m ps ) Department, I:;&'tJ:tJ#"8,3,t1,X[: tJijffi :H"",i^ji$",,n,:',.x;i,iS?ri,T"HJff :onandstampslDepartment,sRo *"sistration and Stamps) Department, sRo, : i:id;!"Tit 55*ff b:l#,il t. the sub Registrar, Revenue (Registration and stamps) Department, SRo, ^ [.ajelOranagar, Ranga Reddv District. u' lhe Joint Director, Enforcem6nt Directorate, Government of lndia Hyderabad zonal office, 3rd froor, s hakai 6 hrrrn, Basheerbag'h,' iiydil;:;.'''" e. Two ccs to Gp,FoR nevirvuE,'Hi;'h'c';;ffii;E State of reransana at . - l{yderabad. [OUT] 1O.ONC CC tO SRI T.bALA MOHAN 1 1 . One cc to sRr MoHD rr,rolN AHrvr.S_o.ounonr, ii;*"rte (opUC) 12.one CC to SRt D.NARnv-oen'irjnirleor"iri" 13.Two CD Copies BEPDY, AdVOCAIE TOPUC] f6F'ucf W --i SA BS HIGH COURT DATED:0611112025 /.: . :. t: .,. ,. ll ,a ,'{i ,\ 1H Dic itrx ..1.'.,.,,-,,'\ .. .:-, , ... ..:--. ORDER WP.No.3287 ot 2021 DISPOSING OF THE W.P WITHOUT COSTS. \5 V.