✦ High Court of India · 22 Apr 2025

1. Syed Basheeruddin v. The State of Telangana

Case Details High Court of India · 22 Apr 2025
Court
High Court of India
Decided
22 Apr 2025
Bench
Not available
Length
2,083 words

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 in the Nature of IVIANDAMUS Declaring action of the 4th respondent in not receiving, registering and releasing the Sale Deed dated 71112020 which is pending registration No 66 of 2020 in favour of the petitioners in respect of the Agricultural Dry Land in Sy No 153/24 admeasuring Ac 1-00 Gts situated at Pothireddy Pally Village, Sangareddy Mandal and District by complying the order of this Honorable Court in W.P. No '1602 of 2O22 dated 41312022 as being lllegal, Arbitrary, Capricious, I lVlalafide, Contrary to the Order in W.P. No 1602 of 2022, Violative of Articles 14, 21 and 300A of Constitution of lndia, also contrary to the provisions of Registration Act, amounts to contempt consequently direct the 3rd and 4th respondent to receive, register and release the pending registration document No 66 of 2020 dated 711l2O2O. lA NO: 1 OF 2024 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 pending document No 66 of 2020 i.e sale deed dated 71112020 in respect of the land in Sy No 153124 admeasuring Ac 1-00 Gts situated at Pothireddy Pally Village, Sangareddy (vandal and District in pursuance of the order of this Honorable Court in Writ Petition No 1602 of 2022 daled 41312022 forthwith. Counsel for the Petitioner: SRI M.MEHDI HUSSAIN Counsel for the Respondents: AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER I I / I I I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.8322 of 2024 ORDER: Heard learned counsel for the petitioners and learned Asslstant Government Pleader for Stamps and Registration appearing for the respondents and perused the materiai on re cord.

2. Learned counsel for the petitioners submits that this writ petition 1S filed by the petitioners questioning the action of the respondent No.4 in not receiving, registering and releasing the Sale Deed dated 07.01.2020 which is pending Registration No.66 of 2O2O in favour of the petitioners 1n respect of the agricuitural dry land in Sy.No.l53 124 admeasuring to an extent of Ac. 1 0O guntas situated at Pothireddy Pally Village, Sangareddy Mandal and District by complying the order of this Court in W.P.No.1602 of 2022, dated 04.O3.2022.

3. Learned counsel for the petitioners further submits that the petitioners approached this Court for receiving and registering the document submitted by the petitioners in , sr, J W.P.No.8322 of 2024 W.P.No.17359 of 2Ol9 and the same was disposed of by this Court on 14.08.2019 directing the registering authority to receive and process the document with regard to the suit schedule property. Thereafter, the respondents received the doctrment in P.No.66 of 2O2O but not registered the same. Pending registration proceedings, the Government issued Memo No.G2/257 /2019, dated 26.O8.2O2O prohibiting the registrations. Thereafter, the petitioner approached this Court and filed W.p.No. 1602 of 2022 and the same was disposed of on O4.O3.2O22 with the lollowing direction: (A) tl the subject document/s has/have already been registr:r'ecl and released pursuant to the interim order; (i) the document/s registered by the Sub_Registrar shall be subject to outcome of SLp (Civil) No. 19695 of 2027 filed by the State Government before the Hon'ble Supreme Court; and (ii) ir-r case, it is found that there is any violation of las, like plots/lands/ structures being sold form part ol F.T.L- and Buffer Zone/plots having less than 30 f<:r.t 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 3 w.p.No.8322 "fZTrX SLP (Civil) No.19695 of 2027. To that effect, an endorsement shall be made in the encumbrance record, website etc. (B) If the subject document/s is/are not yet registered and released pursuant to the interim order; (i) the respondent - Sub-Registrar is directed to register the document of sa1e, trarsfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2 /257 /2019 dated 26.08.2020 and 29.12.2O2O issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telalgana; Letter No.45lTPlNMCl2019 dated 01.11.2O19 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 2O2l filed by the State Government before the Hon'lcle Supreme Court; and (ii| 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 B:uffer Zonef 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 4 sr, J W.P.No.8322 of 2024 outcome of orders of the Honble Supreme Court in SLP (Civil) No.19695 of 2027. To that effect, an endorsement shall be made on the reverse side of the first/second page of the document and also in tht' encumbrance record, website etc.

4. Learned counsel for the petitioners lurther submits that in spite of communicating the said order, the respondents did not take any action. In view of the same, the petitioner filed instant writ petition requesting to direct the respondent authorities to register the same.

5. Learned Assistant Gorrernment Pleader for Stamps and Registration is not disputing the orders passed by this Court in W.P.No.16O2 of 2022, dated 04.03.2022 ar-d requesteci to pass appropriate orders.

6. In view, of the submissions made by both sides, the writ petition IS disposecl of by directing the registering authority to register the document as per para No.4(b) of the order oi this Court in W.P.No.1602 of 2022, dated O4.O3.2O22 rvithin four (4) weeks from the date of receipt of copy of this order. However, there shall be no order as to costs. / 5 sr, J W.P.No.8322 of 2O24

7. Registry is directed to annex copy of the order in W.P.No. 1602 ol 2022, dated 04.O3.2022.

8. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. I To, //TRUE COPY// D/- T. TIRUMALA DEVI EPUTY REGISTRAR \ SECTION OFFICER

1. The Principal Secretary Revenue ( Registrati Buildings. Saifabad. Hyderabad. State of Tetang ana ) Department Secretariat

2. The Commissioner and lnspector General of Stamps and Registration, of Telangana State Nizamshahi Road, Mouzam Jahi Maiket, Hydera'bad

3. The District Registrar, Sanga Reddy District, at Sanga Reddy. 4. The Joint Sub Registrar, Sanga Reddy District 5. One CC to SRI M.MEHD| HUSSAIN, Advocate tOpUCl 6. Two CCs to GP FOR STAMPS AND REGISTRAT|ON, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies ryt (Along with the copy of order dated 04.03.2022, in W.p.No.1 6O2 ot 2022) BSR GJP HIGH COURT DATED:2210412025 I I ORDER WP.No.8322 of 2024 y\i SI Ai E 1 J , [ 4 Juii Zffi * \ {)F-S irAl t, r* \.1oll = 8/ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 0, 4 \4 b I IIONOTIITT\BLE SRI JUSTTCIi B. VIJAYSEN REDDY \\ RI'I' PETITION N o.1602 0F 2022 oRpER (ORAL): Heard both sides and perused the material on record. 2. It is submittcd by thc leamed counsel on either side that subject matter of this writ pctition is squarely covered by the Qommon order passed by this Court in W.P.No.328 of 2022 and batch dated 1g.02.2022, as modified by the order dated 22.02.2022 in l.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, thc same may be disposed of in terms thereof. 3. This Court passed intcrim order in this writ petition directing the respondents to receivc, process, register and rclease the subject documcnt/s. However, conditions wcre imposcd that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) regisrration shall be subject to final result of the writ pctition.

4. In view of the above, recording the aforesaid submission of the Ieamed counsel on eithcr side, fotlowing 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 pctition is disposed of as under, without any order as to costs: (A) If thc subject document/s has/have already been registered and released pursuant to thc interim order; (i) the documenVs registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 fited by the State Government before the Hon'ble Supreme Court; (ii) 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 ZonelPlots having less than 30 feet road width access, the Sub Registrar shall make an endorsement 2 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 n SLP (Civil) No.19695 ol 2021. To that effect, an endorsement shall be made in the encumbrance record. website etc. (B) [f thc subject document/s is/are not yet rcgistcred and released pursuant to the interim order; (i) the respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the l\4enro Nos.G2l2571201I daled 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and lnspector General of Registration and Stamps. Telangana; Letter No.45/TP/NMC/2019 dated 01 .1 1 .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 lhe document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No 19695 r:f 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 ZonelPlots having less than 30 feet road width access, the Sub Registrar shal' 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 (Crvil) No.19695 of 2021. To that effect, an endorsement shall be made on the reverse side of the firsusecond page of the document and also in the encumbrance record. website etc. As a scquel thereto, miscellaneous petitions. if an1,, pending in this u rit petition stand closed.

0.1.0i.2022 Lrknlt P.\sk B. \'I.I,{\'S[]N ITEDD}'. J

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