Petitioner sought writ of mandamus directing respondents not to register sale deeds without insisting for No Due Certificates regarding property tax. Plaintiff withdrew the petition, and the High Court dismissed it.
Withdrawal petition allowed. Writ dismissed with liberty to file fresh petition.
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 (Special Original Jurisdiction)
TUESDAY ,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO: s677 OF 2022
Between:
Mohammed Jabir Ahmed, S/o M.A.Raheem Aged about 63 years, Occ. ViceChairperson Municipal CouncilBhainsa, Nirmal District,Ryo H. No.3-5-1/101, Asad Baba Nagar, Bhainsa, Nirmal District,TelanganaState
...PETITIONER
AND
The Sub Registrar, Bhainsa, NirmalDistrict, Adilabad
.,.RESPONDENTS
Pelition under Article 226 of theConstitutionof lndia praying that in the circumstances stated in theaffidavit Iiled therewith,the High courtmay be pleasedto issue Writ, Order or Direction, oranyotherappropriateOrder onein the natureof a WRIT OF MANDAI,4US, declaringthe action of the Respondent No.2 and3 receiving and registering the SaleDeedswithout insisting the prospective purchasersand sellers for No Due Certificatetowardsthe paymentof PropertyTax andVacant Land Tax for the Plots situated atBhainsa Municipality, Nirmal District, Telangana State, inspite of GOi/s.No.226and Note Filedated 18-08-2020issued by theRespondent No.5, and Circular MemoNo.G11271712019dated 20-05-2019issuedbythe Respondent No.2, asillegal, arbitrary in violationof principlesof naturaljusticeandin violation of Articles 14and21 of the constitutionof lndia andalso againstthe equity and consequently direct theRespondents No.2and 3 not to receiveand register any Sale Deed without insisting theprospective purchasersand sellers for No Due certificate towards thepayment of PropertyTax and vacantLand Tax for thePlots situated at BhainsaMunicipality, Nirmal District, Telangana State, and pass
lA NO: 1 oF 2022
Petition under section.151CPC prayingthat in the circumstances statedin the affidavit filed in support of thepetition, the Highcourt may be pleasedto direct the Respondents No.2 and3 to considerthe Petitioner's representation daled 16-12-2021
2
nottorecelveandregisteranySaleDeedwithoutinsistingtheprospective urchasers andsellersfor No Due Certificate lowardsthepayment of Property Tax and vacant LandTaxfor thePlots situated at Bhainsa Municipality, NirmalDistrict' Telangana Stale,pending disposal of the writPetition' and pass
Counsel for thdPetitioner:SRl. M.AK'MUKHEED
Counsel for theRespondentsNo1 to 3, 5: AGP FOR REVENUE
Counsel for theRespondentNo 4: SRI N. PRAVEEN KUMAR, SC FOR MUNCIPALIry
The Court madethe following:ORDER
/
]'HE TION'I}LESITIJUSTICEI]' VIJAYSEN REDDY \.RII'PE I'ITI ONN o 17 of 2027
ORDER:
Leamedcounsel for the petitionerseeks permissionof the Court to withdrawthe ivrit petitionwith libertyto the petitionerto file a fresh writ Petition.
grantinB libertyas soughtfor' No order as to costs'
Pendingmiscellaneous petitions' if any' shallstandclosed'
SD/. T.JAYASREE ASISTANTREGISTRAR
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//TRUECOPY// SECTIO OFFIGER
To,
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HIGH COURT
DATED:1510212022
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ORDER
WP.No.5677 of 2022
DISMISSING THE WRIT PETITION ,A9 0r1fH DaA t'^J'v WITHOUT COSTS .
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Mohammed Jabir Ahmed
State of Telangana
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
