Vijay Agarwal vs Mohammed Qumani Ahmed
2023 Latest Caselaw 1098 Tel

     THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                  AND

           THE HON'BLE SRI JUSTICE N. TUKARAMJI


WRIT APPEAL Nos.881 of 2022, 23 of 2023, 27 of 2023 and
                     32 of 2023


COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      This order will dispose of Writ Appeal Nos.881 of 2022, 23

of 2023, 27 of 2023 and 32 of 2023.


      2.     Heard Mr. A.M.Qureshi, learned Senior Counsel

representing Mohd. Naseeruddin, learned counsel for the

appellant    and    Mr.    Vasantha     Rayudu,      learned    counsel

representing Ms. P.Radhika, learned counsel for respondent

No.1/writ petitioner. We have also heard Ms. A.Chandana,

learned Assistant Government Pleader for Stamps and

Registration for respondent Nos.2 to 5.

3. In all the appeals, challenge made is to the common

order dated 25.03.2022 passed by the learned Single Judge in

Writ Petition No.13616 of 2022 and batch.

4. Order dated 25.03.2022 reads as under:

2 HCJ & NTRJ W.A.Nos.881 of 2022&batch

"2. It is submitted by the learned 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 18.02.2022 as modified by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P. No.2985 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

3. Therefore, 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:

(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 Memo Nos.G2/257/2019 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 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 the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon'ble Supreme Court; and 3 HCJ & NTRJ W.A.Nos.881 of 2022&batch

(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 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 outcome of orders of the Hon'ble Supreme Court in SLP (Civil) 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."

5. We have been informed that after the order dated

25.03.2022 was passed by the learned Single Judge, Supreme

Court had passed order dated 18.05.2022 in S.L.P(C).No.19695

of 2021 staying the judgment and order dated 23.08.2021

passed in W.P.No.9248 of 2021. In W.P.No.9248 of 2021, a

Division Bench of this Court held that Inspector General of

Registration and Stamps had no authority to issue memo dated

26.08.2020. The effect of the stay granted by the Supreme

Court would be that the memo dated 26.08.2020 and

29.12.2020 issued by the Commissioner and Inspector General

of Registration and Stamps, Telangana, would stand revived. If 4 HCJ & NTRJ W.A.Nos.881 of 2022&batch

that be so, impugned directions of the learned Single Judge

cannot be sustained.

6. At this stage, Ms. A.Chandana, learned Assistant

Government Pleader for Stamps and Registration submits that

in view of the stay granted by the Supreme Court, the

concerned Sub-Registrar has decided not to register any

document presented pursuant to the judgment and order of

this Court dated 18.02.2022 passed in W.P.No.328 of 2022 as

modified vide order dated 22.02.20222.

7. That being the position, we set aside the common

order dated 25.03.2022.

8. All the Writ Appeals are accordingly allowed. No

costs.

9. As a sequel, miscellaneous applications pending, if

any, in all the Writ Appeals, shall stand closed.

_______________________ UJJAL BHUYAN, CJ

_______________________ N.TUKARAMJI, J Date: 09.03.2023 KL