High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND IWENTY FIVE [ 3302 I PRESENT THE HONOURABLE SRI JUSTICE K, SARATH WRIT PETITI ON NO: 1141 4 0F 2025 Between: s mt. Gajapaka tVrad havi, wo. sri grjg p.r(, prabhaka r,_ fge_d about 46 yea rs, Occ. Housewife, - R/o.ptot No.131, f.f f'fV Cofony, frf""r. Fi"E BritJii!, eoOuppat Viltase, t\4ed iapa ry r\ra nda r, naeocnbi-M; k;Ei;i biii*t_i-i'| sv Lv "'i\ AND ..PET|T|oNER

1. The State of rerangana, Rep.^by its principar seuet?ry,_ Revenue (stamps and Reoistration) Department, Setretaiiri iiTfvOerabad_TS 2. The c6mmissioner' and r;"G;i;;". &iLE, g.trrp! and Registration Department, Registration Bhavan, ath and sih_floorl frfizim Snrni Road, ^ 9-"Tli' g q nj, J. r he rjistrict R.egistrar, Medchal-tvtdtkalgiri Districi,keesaia 4. The Sub Regisirar, Registrati- oft;:it'ppl]+lttochat Matkaiqiri District_TG 5 rhe reranoaha state waqr aoiro, nL-p WiI; c[#'t".;i?r['ohil er, Razzak lAoz_-a mja h i Ma rt<et, H iOe i, UrJb iiC l\4a nzit, Nim pa I ty, l-i VOd",irO" ...RESPONDENTS 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 by declaring the action of the Respondents more particularly the Respondent No.4 in not allowing the Petitioner to carry out registration of the Proposed Sale Deed in respect of Plot No.109 in Sy.No.92lpa'rt, admeasuring 267 sq.Yards or 223 sq.Mts., situated at Boduppal village and Municipal corporation, t\Iedipally Mandal, Medchal-Malkajgiri District, on the ground that the said Plot is part and parcel of Sy.No.92lPart, situated Boduppal village, is covered under the Prohibitory List by virtue of the Letter issued by the Respondent No-5 in pursuance of [\4emo No.G2l5276t2021 dt.27-og-2024 by holding that the said Property is part and parcel of the waqf property covered in Waqf Board Gazette No.6-4 dt.09-02-1989, despite that the said Gazette was I *ffi .i,i*fi"t.. --iJ:#jiirJl+ :j;':':;':1 already quashed by this Honourable Court long back in B.Gowra Reddy Vs. Govt' of A.l). and the same was also followed by this Honourable Court in W'P'No'389i oi 2019 by directing the Registration office to register the documents in view of the said waqf Gazette was quashed, besides this Honourable 'lourt has atso passed lnterim order dt.03-04-2025 in w.p. No.34214 of 2024 by suspending the said [vemo dt.27-oB-2024 and directed the Registration office to allow the registration which is being foltowed, as arbitrary, discriminatory, ex-facie illegal, unconstitutional, without application of mind, in violation of Articles 14, 21 and 300-4 of Constitution of lndia, violation of Principles of Natural Justice, and consequently may direct the Respondent No.4 to remove th Vendor of the Petitioners Plot from the prohibitory List in respect of aforesaid Plot by further directing the Respondent No.4 to receive, register and release the Proposed Sale Deed if any executed and presented by the Petitioner anrl her Vendor in respect of the aforesaid plot either in whole or in part, in the lnlerest of Justice, = lA NO: 1 OF 2:025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavilfiled in support of the petition, the High Court may be pleased to suspend the lmpugned Memo dt.27-08 -0024 and direct the Respondent No.4 registration Authority to entertain and register the sale Deed that may be presented by the Petitioner and her Vendor in respect of plot No.10g in sy.No.92lPart admeasuring26T sq.yards or 223 sq.Mts., situated at Boduppar Village and Mtrnicipal Corporation, Medipally tVlandal, Medchal-Matkajgiri District, and release the Registered Sale Deed to the Petitioner, in the lnterest of Justice, pending dispo:;al of the main Writ petition Counsel for the petitioner : SRt. NAZIR AHMED KHAN counsel for th,g Respondent Nos. 1to4: Ms. s. SRAVANTHT, AGP FOR STAMPS AND REGISTRATION counset for the Respondent No.S: sRl FARHAN AZAM KHAN, FoR WAQF BoARD The court made the fortowing: oRDERsc 4 f 't + i; I [; t '+ + '+ {. * # &; '+ i* -.: THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No. !L4L4 of 202A ORDER: t t Heard Mr. Nazir Ahmed Khan, learned counsel for the petitioner, Mrs. S.sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 4 and Mr. Farhan Azarn Khan, learned Standing counsel for the respondent No.S and perused the rnaterial. on record.

2. Today, when the matter is taken up for hearing, learned counsei appearing for the petitioner submits that in view of the interim order dated L7.o4.2025 tn w.P.No. tL414 of 2024 passed by this court, the registering authorit5r was registered and released the document submitted by the petitioner. In view of the same, cause of action does not survive and no further orders a-re required to be passed in this matter.

3. Recording the a-forementioned submission, this writ petition is closed. No order as to costs. I

4. As a sequel thereto, miscelianeous petitions pending, if any, in lhis writ petition sha1l also stand closed' /TRUE COPYII -SD/-C. DEEPIKA ANT REGISTRAR N OFFICER To, s}- *,

1. One OC to SRl. NAZIR AHTUED KHAN, Advocate [OPUC] 2. Two C)Cs to GP FOR STAMPS AND REGISTRATION ,High Court for the 3. One C)C to SRl. FARHAN AZAM KHAN, SC FOR WAQF BOARD IOPUC] 4. Two C)D Copies State of Telangana at Hyderabad [OUT] B I\4 BS : l i Ilr I i, t I I l* I I 1 i I l I I I I I I t. I i I I I I ! It I i I i i I I I I I I I * I I I I I I I I I i tr; 41, + ,f; ,*i ,l; .9"' \ \ HIGH CTCURT DATED :28t08t2025 ORDER WP.ifo.I'1414 of 2OZs ; o ( * 0 5 '{ AP 71126 ) S;ll CLOSING THE WRIT PETITION WITHOUTCOSTS k J +o