Jalna Abdul Khavi Qureshi Vs The State of Telangana

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 3153 OF 2025

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Between:

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Jalna Abdul Khavi Qureshi, S/o. Late Abdul Qayyum, aged about 25 years, Occ;. Business, F/o. H.No. 10-4-7711'175, Owaisipura, Masab Tank,^'Asif Nagar, Hyderabad-28, T.G.

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.....PETITIONER

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AND

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'1 . The State of Telangana, Rep by its Principal Secretary Revenue (Stamp and Registration) Department, Secretariat, Hyderabad.

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The Commissioner and lnspector, general of Registration and Stamps, Telangana, Hyderabad.

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The District Registrar, Hyderabad District.

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The Sub-Registrar, Kawadiguda, Hyderabad District.

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.....RESPONDENTS

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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 may be pleased to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No 3 in taking action of the representation of the petitioner dated 06-1 1-2024 to denotifyidelete the property of the petitioners i.e., H.No. 6-5-95 and 6-5-96 (PTIN Nos. 1180600058 and^.l 180600059) consisting of Ground floor and First Floor admeasuring 125.00 Sq. yards or equivalent to 104.5 Sq. meters, situated at New Bhoiguda, Secunderabad, T.G., from the list of prohibited properties under section 22-A of the Registration Act as illegal arbitrary and unconstitutional and consequently to direct the respondent No.4 to receive, register and release the Release deed

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presented by the petitioner in respect of H.No. 6-5-95 and 6-5-96 (PTIN Nos. 1180600058 and 1180600059) consisting of Ground floor and First^Floor admeasuring^'125.00 Sq.^yards or equivalent to 104.5 Sq.^{meters, situatedat New} Bhoiguda, Secunderabad, T.G.

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|.A.NO:1 OF 2025

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.Petition Under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court^{may be pleasedto} direct the respondent No.3 to take action on the representation^{of the petitioner} dated 06-1 1-2024 lo denotify/delete the^property of the^{petitioners i.e., H.No.6-5-} 95 and 6-5-96^(PTIN Nos. 1'180600058 and^{1180600059) consistingof Ground} floor and First Floor admeasuring¹ 25.00 Sq.^yards or equivalent to 104.5 Sq. meters, situated at New Bhoiguda, Secunderabad, T.G., from^prohibited list under section 22-A of the registration act.

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Counsel for the Petitioner : SRI SYED MOUNIS JAFER^ABIDI

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Counsel forthe Respondents : AGP FOR REVENUE

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The Court at the stage of admission made the following ORDER

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r THE HONOURABLE SRIIUSTICE^N.V.SHRAVAN KUMAR

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WRIT PETITION No.3153 of 2025

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ORDER:

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Heard learned counsel for the^{petitioner and LearnedAssistant} Government Pleader for Stamps and^{Registrationsappearingfor respondent} Nos.1 to 4. With their consent, the^{writ petition is being takenup for disposal} at the admission stage itself.

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This writ petition has been filed^{seeking the following prayer:-}

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"to dechtre the inaction of the respondent No.3 in taking action^{of the} representntion of the petitioner^{dated 06.11.2024to denotify/delete the} property of the petitioners i.e.,^{H.No.6-5-95 and 6-5-96 (PTIN Nos.} 1180600058 €J 1180600059)^{consistingof Grourul} lloor^{€t First Floor} adrueasuring 125.00 Sq.yards or^{equiz.talent to 704.5 Sq.meters,} sittrtted al Near Bhoigudn,^{Secunderabad,7.G.,} from^{the list of} prohibited properties under section^{22-A of the Registrntion Actas} iltegnl, nrbitra.ry and unconstitutional^{nnd consequently to direct tlrc} responrlent No.4 to receioe,^{registerand releasethe Releasedeed} presented by the petitioner^{in respect of H.No.6-5-95and6-5-96 (PTIN} Nos. 1180600058 &^{1180600059)consistingof Ground} floor^IFirst Floor ndnrcosuritrg^{125.00 Sq.yardsor equiualentto 104.5 Sq.meters,} si tt utted ttt Neu, Blrciguda,^{Secunrlerabad,7.G."}

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Brief facts of this writ^{petitionare that petitioner claims that originally} his grancl father was the owner^{and possessor of H.No.6-5-95ancl 6-5-96 (PTIN} Nos. 1180600058 & 1180600059)^{consisting of Groundfloor & FirstFloor} admeasuring 125.00 Sq.yards^{or equivalentto 104.5 Sq'meters, siruated at New} Bhoigucla, Secunclerabad,^{Telangana, having acquired the same tride registeled} sale deed bearing document No.936 of^{1971 dated07.07.1977.It is further} submitted that after demise of^{petitioner'sgrand father,petitioner's father} became the owner of the subiect^{property and after his death,petitioner along}

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with his mother and sister filed o.s.No.46 of 2023 seeking to declare the plaintiffs therein as legal heirs. The XIX Additional senior Civil Judge, City Civil Court, secunderabad aide Judgement dated 21.03.2024 in o.s.No.46 of 2023, declared the plaintiffs therein as the legal heirs. Basing on the aforesaid order, petitioner along with his mother and sister claims to be the owners and peaceful possessors of the subject property.

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4- Learned counsel for the petitioner submits that the petitioner mother and sister with an intention to release their share, executed release deed in favour of the petitioner and approached respondent No.4 for registration. However, respondent No.4 refused to register the same on the ground that the H.No.6-5-95, situated at New Bhoiguda, secunderabad, Telangana is included in the prohibitory properties list and in the remarks column it is mentioned as as Government land notified ride ca?.ette No.F / 736/ z00g dated 0g.04.200g.

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Learned counsel for the petitioner further has drawn attention of this Court to the the Common Judgment dated 19.10.2023 passed by the Hon,ble Division Bench of this Court in writ petition Nos.2g300 of 2002 and batch, relevant paragraphs are extracted hereunder:-

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It was further held thar sub_section (4) of Section 22A oJ- the Act provides a remedy to dn aggrieved party to approach the State Government .for deletion of his property .from rhe iotification. lt has further^beenheld that dany such application is nade, the competent authority has to afjtord an opportunity of hearing and an oppoiunity to produce malerials/docume nts in support of such a ifaim. Tie claim.made hy an aggrieved person ias to'be deqlt with by a speaking order. It has further been held tha! in case such an application is made under Section 22A&) of the Act, the same has to be decided u'ithin a period ofthree months.'It has aiso been held that the mechanism provided uider Section 22A(4) of the Acr shall not

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preclude the parties to file any other oppropriate proceeding, including civil suit, for similar or appropriate relief

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Learned counsel further submitted that basing on the aforesaid order, petitioner on 06.'11..2024, made detail representation and requested^resPondent authority to delete the H.No.6-5-95 situated at New Bhoiguda, Secunderabad from the prohibited properties list, and consequently requested to receive, register and release the Release deed presented in respect of the subiect property and the said representation is still pending for consideration. Aggrieved by same, this writ petition is filed.

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Upon perusal of the material, it is noticed that the Release deed is not executed in terms of Section 32 and 34 of the Registration Act, 1908, moreover, the petitioner had not made the executors of the subject document as Party to this writ petition. Hence, this Court is of the opinion that the prayer sought for registration of document which is not executed in terms of Section 32 and 34 of the Registration Act, 1908 cannot be considered.

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At this stage, learned counsel for the petitioner reshicts his prayer seeking a direction to respondent authorities to dispose the petitioner's representation dated 06.11.2024, only to an extent of deleting the H.No.6-5-95 situated at New Bhoiguda, Secunderabad from the prohibited properties list and pray this Court to direct the respondent authorities to pass orders in a time bound period.

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Learned Assistant Government Pleader appearing for respondents did not dispute the same and submits that the respondent authorities may be

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directed to dispose of the petitioner's representation dated 06.11.2024 onry to an extent of cleleting the H.No.6_5_95 situated at New Bhoiguda, Secunderabad, from the prohibited properties list an<J pass appropriate orders in accordance with law

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9.. In view of the submission made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to consider the petifioner's representation dated 06.77.2024 onlv to the extent of deleting the H.No.6-5-95 situated at New Bhoiguda, secunderabad from the prohibited properties list in terms of Common Judgment dated 79.70.2023 passed in writ Petition Nos.28300 o12007 and batch and shall pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order and communicate the same to the petitioner. It is made crear that this Court had not expressed any opinion on the merits of the case to the extent of inclusion of the subject property in the prohibitory properties rist and as far as the regiskation of the Release deed, the same is not executed in terms of section 32 and34 of the Registration Act, 190g.

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Accordingly this writ petition is disposed of. Miscellaneous

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applications, if anv pending, shall stand closed. No order as to costs.

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To 1 If_ll"p,p"1.Secretary,^Revenue (Stamp and

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2 necrerariat, r ne^-L:ommissioner state of and T6tangan, lns--pector, ,t Sfi;;;i;f irvoei5olalR Registration) Department, r etangana, Hyderabad. egistration and Stamps,

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The District Registrar, Hyderabad District.
4. The Sub-Regisirar, Kawadiguda' Hyderaba{District
s: o"; -cC to sht sveo Mou-Nls JAFER ABlDl, Advocate {oPUCl
6. Two CD CoPies
SA
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HIGH COURT

DATED:0 StO2t2ozs

ORDER