Mohammad Abdul Saleem Vs the State of Telangana

MOHAMMAD ABDUL SALEEM, S/o Mohammad Abdul Razaq @ Mohd. Jabbar, Aged about 70 Years, Occ. Agriculture, Rlo.1B-124181B, Hafeez Baba Nagar, Hyderabad-500058. ...PETITIONER

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THE STATE OF TELANGANA, Represented by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat Buildings, Hyderabad.

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fHE CHIEF COMMISSIONER, LAND ADMINISTRATION, Revenue Department, Telangana Statet Hyderabad.

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THE DISTRICT COLLECTOR, Medcha - District, Telangana State, Having^its office at Anthaipally village, Shamirpet Mandal, Medchal-Malkajgiri District.

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THE TAHSILDAR, Gandimaisamma-Dundigal Mandal, Medchal-Malkajgiri District, Telangana State, Having its office at Dundigal Village, MedchalMalkajgiri District

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...RES'.NDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court^maybe pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Orders Declaring the action of Respondents more^particularly the Respondent Nos.2 to 4 in not receiving the Sale Deed Dated 13 03.2024 executed by the Petitioner in favour of Vakalapudi Ravi Teja in respect of land admeasuring Ac. 0-15 Gts.,in Sy.No. 6411A, situated at Dundigal^village, Gandimaisamma-Dundigal Mandal, Medchal-Malkalgiri District, as^illegal, arbitrary, unjust and also in violation of Principles of Natural Justice and consequently to DIRECT the Respondents more^particularly Respondent No.4 to Receive, Register And Release the Sale Deed Dated 13.03.2024 executed by the Petitioner in favour of Vakalapudi Ravi Tela rn respect of land admeasuring Ac. 0-

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15 Gts., in Sy.No 641/A^{srtuated at} Dundigal^{village'Gandimaisamma-Dundigal} Mandal, tVledchal-t\ilalkajgiri^{District in due processof Law} lA NO: 1 OF 2024

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Petition under Section 151 CPC^{prayingthat in the circumstances statedin} the affidavit filedⁱⁿ support^{of the petition, the High Court may be pleased to} DIRECT the Respondents^{more particularlythe RespondentNo 4 to REGISTER} the Sale Deed Dated¹³ 03²⁰²⁴ executed^{by the Petitionerin favourof} Vakalapudi Ravi Tela in^respect of^{land admeasuringAc. 0-15 Gts} 'in^Sy.No 64'1lA, situated at Dundigal^{village, Gand imaisamma-Dundrgal Mandal, Medchal-} Malkajgirr District^{pending disposal of the WritPetition}

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Counsel for the Petitioner:^{M/s RESU LAW OFFICE}

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Counsel for the Respondents:^{AGP FOR STAMPSAND REGISTRATION} The Court made the following:^oRDER

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THE HOI{'BLE SRI WSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.15834 of 2024

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ORDER:

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This writ petition is hled seeking the following prayer:

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uto declare the action of Respondents more partianlarlg the Respondent Nos.2 to 4 in ruot receiuing the Sale Deed, Dated 13.O3.2O24 exeanted bg the Petitioner in fauour of Vakalapudi Raui Teja in respect of land admeasuring Ac.O.15 Gts., in Sg.No.641/A, situated at Dundigal uillage, Gandimaisamma-Dundigal Mandal, Medchal-Malkajgin District, as illegal, arbitrary unjust and also in uiolation of Principles of Natural Justice and consequentlg to DIRECT the Respondents more partiatlarlg Respondent No 4 to Receiue Register And Release the Sale Deed, Dated 13.03.2024."

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Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps

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, .,rqvs, tvtEuUr tat_

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Mall(a orr! Districl.

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I{,/SK,J w,P.No.15834 of2024

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and Registration appearing for respondents. Perused the record

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Facts in brief are as follows:

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Petitioner herein is claiming that his father was the absolute owner and possessor of land admeasuring Ac.6-29 gts., in Sy.No.641lA situated at Dundigal village, Gandimaisamma-Dundigal mandal, the then Qutubullapur^{mandal, Medchal-Malkajgiridistrict. After} his demise, being the legal heir, petitioner herein succeeded the said property. His name is also mutated in Revenue records.

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Subsequently, petitioner herein alienated an extent Ac.0-15 gts., from the aforesaid property in favour of one Mr.Vakalpudi Ravi Teja by way of a sale deed dated 13.03.2024. Though the petitioner herein booked a slot with the office of respondent No.4 on 16.03.2024 vrde application bearing No.2400159438 for registration of

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N/SK,J W.P.No.15834 of 2024

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aforesaid sale deed, respondent No.4 did not receive and register the same.

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Earlier, when petitioner herein sold Ac. 1-39 gts., of land out of Ac.6-29 gts., to BK Infra Projects, respondent No.4 registered the said land on the same day without raising arly objections, under a registered sale^deed bearing document No.119 of 2024, dated 13.03.2024. Therefore, petitioner herein filed the present writ^petition seeking a direction to respondent No.4 to receive and register the aforesaid sale deed, dated 13.03.2024.

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+. Respondent No.4 filed counter. Relevant^{portion of} the said counter affidavit reads as follows:

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"3. I respectfully submit tha[ in replg to all^the auerments made in para No's., of the^petitioners affi.dauit, it is submitted that as^{per reuentte records} i.e., Sethutar Pahani of Dundigal Village,^the landⁱⁿ Sg.No. 614 total ertent Ac.1-35Grs.,^{and Sg.No.} 641, total ertent Ac.7-39 Gts are classified^as "Panmaktha". And as seen from the Manual Pahanies i.e., in respect of land in Sy..l\ro's. 614 &

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l,J/SK,J W.P.No.15834 of 2024

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641/A of Dundigal Village the name of MD Saleem S/o. Abdul Jabbar is recorded. Whereas as seen from^{tLrc Dharani} Pahani the land in respect of Sy..l[o. 614 and 641/A/a in the name of Mohammed Abdul Saleem S/o. Moh.d. Abdul Razaq is recorded. (Copies enclosed).

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It is respectfullg submitted that, on ueification of tltis office records, M/ S BK Infra Projects Rep. bg Kashinath Goud Kadului has booked slol fo, registration uid.e CS ffo. 2400159191 in respect of land in Sg.No. 64 j/A to an ertent of Ac.1-38Gts, executed bg Sn. Mohd Abdul Saleem S/ o. Mohd Razaq holding pa.ss Book uide No. T06040032016 uide Doct. No. 119/2024. In uhich undertaking in the form of Notarized Affidauit has been submitted bg the Vendor ie., Sri. Mohd Abdul Saleem stating that, "His father actual name is Mohd. Abdul Raz,aq uthich is incorporated. ln Pass Book uide Doct. No. T06040032016 uid.e Tahsitda1 Kata No. 61187 issued bg Gandimaisamma-Dundigal Mandal. And mg father used to calls as Mohd. Jabbar tuhich is incorporated in AGPA uide Doct.No. 2B2S/ 2OOg, dated:23.04.2009. Both the names belongs to one and the same person ie., Mg fatLrcr. And this

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affidauit to consider the name of Mohd Abdul Razaq alias Jabbar (copg enclosed).,,. And on uerifi.cation of this office records no objections or complaint petition haue been recetued in respect of land. in Sg.No. 641 for the aboue registration through manuallg or under the Module of TM(26) Court Case & Intimations and no Gouentment interest inuolued..

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It is respectfullg submitted that, thi-s office has followed the Stand.ard. Operating procedure. prescibed for Dharani Registration and. tlrcre is no foul^plag in execating the Sale Deed. and there is no deuiation to protect the Gouemment interest land.s and the schedule land. is purely ,,patta,, uid.e Khata No. 61187 as per reuenue records and. Dharani Pahani.

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As the matter stood thus a complaint has been filed before the Distict Collector, Med.chal_ Malkajgii Distict stating that the FIR is pend.ing in the PS Dundigal filed. bg M. Sukumar Red.dg against MD Saleem uide FIR No. 395/202O U/s. 464, 466, 468, 470, 471, 42O, i2ob IpC tle d.etails of uthich are not readily auailable in this office. And. the uery same complainant Sri. M.Sukumar Reddg has also signed as consenting partg u.tith respect to

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application tr[o's. 2400159392, 24OO159438, 2400159475 and the same are kept abegance.

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In uieu.t of the aboue circum.stances, it is respectfullg submitted that, a letter has also been addressed to the Distict Collector, MedchatMalkalgiri District Luith a request to block the Registration application uide No's. 2400159392, 2400159438, 2400159475 along with the sale transaction made in 2400159191 uide Doct.No. 119/2024, in respect of land in Sy.No. 641/A(Ac3OOGts..) & the land in Sy.No. 614(Ac.I-34 3/4 G.ts) of Dundigal Village tuhich is reflecting in the name of Mohd Saleem S/o. Mohd Abdul Rozaq mag be kept in abeyance, till the clarifi.cation sought in respect of the legal heirs of Mohammed Jabbar. (Copy enclosed)."

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The grievance of the petitioner in the present writ petition is that respondent No.4 did not pass any orders on the application bearing No.240015943g, dated 16.O3.2024 submitted by him for registration of sale deed, dated 13.03.2024 and also not assigned any reasons. Instead of keeping the said application pending,

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respondent No.4 has to dispose of the same by assigning specific reasons, strictly in accordance with law.

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In view of the aforesaid discussion and without going into the merits of the case, this Writ Petition is disposed of directing respondent No.4 to dispose of the application bearing No.2400159438, dated 16.03.2024 submitted by the petitioner for registration of sale deed, dated 13.O3.2024 and pass appropriate orders, strictly in accordance with law, by assigning specifrrc reasons, within a period of four (4) weeks from the date of receipt of a copy of this order. Respondent No.4 shall communicate copy of the said order to the petitioner herein to enable him pursue his remedies available under law, if so advised. There shall be no order as to costs.

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Miscellaneous applications, if any pending, shall

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stand closed.

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SD/.K. SREE RAMA URTHY DEPUTY E ISTRAR //TRUE COPYII

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To,

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SECTIO OFFICER

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'1. THE Principal Secreta ry, Revenue Department (Stamps and Registration), Secretariat Buildi ngs, T.S.,Hyderabad

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2 THE CHIEF COMMISSIONER, LAND ADIVINISTRATION, Revenue Department Telangana State, Hyderabad

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3 office THE DISTR ICT at Anthaipally COLLECTOR, village, Shamirpet tuiedcha M- District, Telan gana State, Havin g its 4 THE TAHSILDAR, GA ndim andal, Medchal-MalkajI iri Diskic l-

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aisamma-Dundigal Mandal, Med cha Malkajgiri

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D istrict, Telangana State, Malka iri District Having its office at Dundigal Village, Medchal-

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5 One Ce to M/s RESU LAW OFFICE, Advocate [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION ,High^Court for the State of lelangana at Hyderabad [OUT]

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