High Court · 2025

Petition under Article 226 o'f the Constrtution of lndra praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to grant a writ, order or Direction, more particularly in the nature of writ of lt4andamus declaring the action of the Respondent No. 2 in registering the Sale Deed bearing Document No.841 of 202i, dated oglo4l2o2i and Gift Settlement Deed bearing Document No.847 of 2021, dated O9lO4l2O2j n respect of the inalienable terrace portion of building known as .Gunrock Gardens', constructed on Plot No. 53, SCB No. 3-07-069, in Survey No_ 157l8 in the layout of Gunrock Enclave Co-operative Housing Society, situated at Gunrock Enclave Colony, Phase l, Thokatta Village, Secunderabad Cantonment, 7; Hyderabad Dist-ict. Terangana state in favour of ResponJent Nos. 3 and 4 respectively, as illegal, arbitrary and violative of Articles 14 - 9 ancl 300_4 of the Constitution of lndia ancJ contrary to the law laid do,v-r by the Honorable supreme court rrf lrdia in the matter of Asset Reconstruct,n co. (rndia) Ltd. v. S.P. Velayutharr, reported in (2022) B scc 210 and in the -natter of Nahalchand Laloochand (P) l-td v pancharr coop. Housing Society Ltd reported in (20r0) 9 scc 536 and '1lonsequentry to decrare the action of Re,;pondent No. 2 in registering the ir reg stering the Sale Deed bearing Documert No. g4l of zo21 . dated 09.04.202 1 arrrr Gift setflement Deed bearing Docu,.nr:rrt No. g47 of 2021 . dated 09.04.202 I in favour of Respondent Nos. 3 and 4 res p(rctively as null and void and set aside the same. lA NO: 1 OF 2024 Petition urder section 151 cpc praying that in the (: r':umstances stated in the affidavit fil:d r. support of the petition, the High cou r may be preased to suspend impugned Sale Deed bearrng Document No. trr 1 of 2021. dated 09.04.2021 and (lift setflement Deed bearing Document No. Il47 of 202.1 , dated 09 01.2021 executed in favour of unofficiar Respondent Nos. il and 4, in respect of inalienable terrace portion of building known as Gunrock Ct:rrdens, constructed on Plot No 53' scB No. 3-07-069, in Survey No. 'r 57lg in re Iayout of Gunrock Enclave co-operative Housing Society. situated at Gunro::1, Enclave colony, Phase I, Thokalta Vilrage, Secunderabad cantonment, H yderabad District, Telangana State. lA NO: 2 OF 2024 Petition un,jer Sectron i 51 CpC praying that in the c r(_:umstances stated in the affidavit fire'd in support of the petition, the High cour rnay be preased to direct the Respondent Nos. 1 & 2 not to entertain the registrrtion of any deed of transfer, lease or mortgage by whatever nomenclature it n a,7 be describecl in respect of inalienable terrace portion of buirding known as (.iunrock Gardens, cons[ructed on Pk;t No. 53, scB No. 3-07-069, in survey No r 57lg in the rayout of Gunrock Encla'ze co-operative Housing society, situateci ,rt Gunrock Encrave colony, Phase r rhokatta vilage, Secunderabad cantcrrnent, Hyderabad District, Telangana State at the insistence of Respondent Nos l] and 4. lr;{ / IA NO: 1 OF 2025 Between:

1. DR. RAJENDER SINGH SALUJA, son of the late Kesar Singh Salula, aged about 73 years, Occupation- Doctor, resident of Villa No. 25, Gunrock Enclave, Phase Il, Secunderabad Cantonment. Secu nd erabad -500009

2. DR. AMRITA SALUJA, wife of Dr. Rajender Singh Salula, aged about 71 years, Occupation- Doctor, resident of Villa No. 25, Gunrock Enclave, Phase ll, Secunderabad Cantonment, Secu ndera bad-500009. ...PETITIONERS AND 1 ELLIGARATV SANTOSH KU|VAR, son of the late E.Padma Rao, aged about 54 years, Occupation- Business, resident of G2, Ground Floor, Gunrock Gardens, Plot No. 53, SCB No. 3-07-069, Gunrock Enclave Cooperative Housing Society, situated at Gunrock Enclave Colony. Thokatta Village, Secunderabad Cantonment, Secunderabad. THE STATE OF TELANGANA, represented by its Principal Secretary. Registration and Stamps Department, Secretariat, Telangana 3 4 THE SUB REGISTRAR, BOWENPALLY, Secunderabad ...RESPONDENTS Petrtion under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petttion, the High Couft may be pleased to vacate the stay in l.A. No. 1 of 2024 in Writ Petition No- 28826 of 2024 daled 27,09-2024. Counsel for the Petitioner: SRI ZEESHAN ADNAN MAHMOOD Counsel for the Respondent No.1 & 2: GP FOR STAMPS & REGISTRATION Counsel for the Respondent No.3 & 4: M/s. B.SHANKER The Court made the following: ORDER I THE HONOURABLE SRT JUSTICE K.$ARATH WRIT PETITION No .2623L of 2'J'24 ORDER: Sri Z,:eshan Adnan Mal.rrnood, learned ,::ounsel for the petitione r, appearing througl'r vrrtual mode, sr.Llrmitted that he lilecl a let,tcr dated 14.1O.2025 in the R:ri.listry, seeking permrssion Lo u.,ithdrar,v thc u,rit petition.

2. AccorCingl-y, permissior-r is granted as sought for. The writ Petitior-r rs dismisscd as *'ithdrau,n. rfo."r,..i.er. there shall be no order as to costs. 3 N4rscc.iartr:,us pr:titio,s, if ar-ry, pendirLrq in this Writ Petition sh:rll stand closed. ,TRUE COPY// SD/ F,. PONNA KRISHNA SIlJ1'ANT REGISTRAR SECTION OFFICER 4e t\ \l One CC tc, SRI ZEESHAN ADNAN NIAHMOOD, AAa5c,'t,r IOPUC] One CC to l\lis B.SHANKER, Advocate [OPUC] TwoCCstoGPFoRSTAMPS&REGISTRATION,Hq|rCourtfortheState of Telang:rna at HYderabad [OUT] To, 1 2 3 Two CD C.opie; 4 BSR GJP v HIGH COIJRT DATED: 1411012025 ORDER WP.No.26231 of 2024 ,i:ri : tii."l DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS v(