The High Court dismissed the writ petition alleging non-applicability of a G.O. on registration formalities. The Court held the petition did not survive as the petitioner (GPA holder) had expired and disposed of the matter as not pressed.
Petition disposed of as not pressed due to expiry of the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY ,THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE THE CHIEF JUSTICE HIMA KOHLI AND
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO: 3809 OF 2019
Between:
Syed Atan Shahab Mahdavi, S/o.late Hazrath Syed Shahabuddin, Aged aboulTT years, Occ- Priest, PJo.H.No.16-3-548/'1 , Moulvi Saheb ft/osque, Chanchalguda, Hyderabad. rep.by his GPA holder Syed All Qasim S/o Syed Mahmood, Aged about 60 years, Occ- Business, Rl/o Flat No.202, Babu Khan Hill View Apts.,Plot No.76, HUDA Heights, Road No.12, Banjara Hills, Hyderabad
...PETITIONER
AND
,..RESPONDENTS
Petition under Article 226 ol the Constitution oflndia prayingthat in the circumstances stated in the affidavit filed therewith,the HighCourt may be pleased to issue appropriate writ, order or direction,particularly in thenatureof Writ of Mandamus declaring the G.O.lr/s.No.246,Revenue (Registration.l) Department' daled 27.02.2008 as not applicable to thecase of the Petitionerand issuea consequential direction directing theRespondentsto register the sale deeddated 15.'10.2018 by setting aside thelntimation ofRefusal No.1/2019 No.34/2019, dt.05.02.2019 issued by theRespondent No.4 herein as illegal, arbitrary, violative of the provisions of the Registration Act,1908 and Articles-21 and 300A of the Constitution of lndia and set aside the sameand passsuch otheror further orders as this Honourable court deem fit andjust in the circumstancesof the case ALTERNATIVELY, if for any reason,this Hon'bleCourt comesto a conclusion that G.O.tvls.No.246, Revenue(Registration.l) Department, dated 27.02.2008is applicable, this Hon'ble Courtmay be pleased to issue appropriatewrit,orderor direction,particularly in the nature ofWrit ofMandamus declaring the G.O.Ms.No.246, Revenue(Registration.l) Department, daled 27.02.2008 insofar as it insists for fixing of thumbimpressionand photographs of the principalon sale deed/conveyance deed asillegal,arbitrary,violative of the provisions of the Registration Act, 1908 andArticles-21 and 300Aof the constitution of lndia and set aside the same and issuea consequential order directing the Respondentsto register the sate dated 15.10.2018(covered by lntimationof Refusal No.1/2019443.3412019, dated 05.02.20.19) withoutinsistingfor affixing of the photographand thumb impression of theprincipal (Petitioner-Syed Atan Shahab Mahdavi)
z
IA 10F 19
Petition under section 1sl 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 Respondent No.4 herein to register the sale deed dated 1s.io.2o1g (covered by lntimation of Refusal No.1/2019 No.34/2019, dated.05.02.2019) and ietease the same sub.lect to further orders that may be passed in the writ petition.
Counsel for the Petitioner:SRl. J.pRABHAKAR
Counsel for the Respondents: Gp FOR REVENUE
The Court made the following:
Item No.27
THE HON'BLE THE CHIEFJUSTICEHIMA KOHLI AND THE HON'BLESRI JUSTICEB. VIJAYSENREDDY
w.P.No.3809 OF2019
ORDER:(Perthe Hon'ble theChief Justice Hima Kohli)
l.Leamedcounselforthepetitionerstatesthatinviewofthefact
that the petitioner,who is the GPAholder of the principal,has
expired, the presentpetition doesnot survive'
along with thependingapplications, if any.
SD/-B.SATYAVATHI
ASSISTANT REGISTRAR ,TRUE COPY// Gt
\
SECTION OFFICER
To,
P[/
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HIGH COURT
DATED:07/06/2021
ORDER
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WP.No.3809 of 2019
Disposing of the WP AS not pressed.
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Syed Atan Shahab Mahdavi
State of Telangana
Hima Kohli
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
