Allowed

Smt. Mahaboob Fatima v. The State of Telangana and 3 Others

Telangana HC25 Apr 2022WP/14032/2022

Case brief

AI extract

What is this about?

The High Court, Hyderabad, disposed of a writ petition under Art. 226 and S. 151 CPC. Relying on a Common Order, the Court directed the Sub-Registrar to register the gifted and sold documents without reference to specific restrictive Memos, subject to the outcome of SLP(C) No. 19695 of 2021 pending in the Supreme Court.

What did the court decide?

Directed registration of gift/sale deeds without reference to the Memo No. G21257/2019 and similar letters; registration subject to SLP(C) No. 19695/2021.

Smt. Mahaboob Fatima Vs The State of Telangana… — Execution and Attachment | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY,THE TWENTY FIFTH DAY OF APRIL TWO ]'HOUSAND AND TWENTY TWO PRESENT

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Ilct*'ccn:

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'THE IIO-OT]IIABLI: SRI .ILSTICE .V.SHILA,VAN KU}IAR WRIT PIITIT'ION NO: l,l 032 0F 2022

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Smt. MalLaboob Fatinra. Wo. !::ed Ayub Basha, Occ. Housewife, R/o. Flat No.30l, Sri Krishna Balaji Apartment, Balaji Nagar, 13-6- 439/A/tgl, Metrdipatnam, HyA.;;U;, Telangana.

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AND

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The State of.Telangana, Rep. by Principal Secretary, Revenue (Stamps and Registration) Department Secretar.iat euildings, Seiretariat, HyAerab'aA.

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The ccim*rissioner and i,spector General of Registration and stamps, Telangana State.

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i. The Sub- Registrar, Rajendranagar, Ranga Reddy District, Telangana.

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The District Registrar, Stamps and Registration Depaftment, R.O. Ranga Reddy District.

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...Respondents

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Petition under Article 226 of the constitution of India praying rhat in the circumstances stated in the affidavit filed therewith, the High cou.i may^-be pleased to issue a writ of Mandamus, or any other appropriate writ, declaring the action of the Respondent No.3 in refusing to receive, process, register and releasJthe gift deeds/sale decds or any deed of transfer presented by the petiiio.er in respect of th! Entire Third Floor adrneasuring 1380 Square Feet'including common areas and car parking admeasuring 150 Square Feet in cellar, along with undivided share of land 40.36 Square Yards and Entire Fourth Floor admeasuring 1420 Squar.e Feet including "on,,ron u."u. and car parking adr,easuri,g 150 Square feet in cellar.along with unlirid.d share of land 40.36 Square Yards and Entire Fifth Floor admeasuring l?20 square Feet including conlmon areas and ca. parking adrneasuring 150 Square Feet in cellar, along with undivided slia.e of land 40.i6 Square yards and pent House admeasuring g00 Square Feet, including comrroll areas and car parking.admeasuring 150 Square Fe-et along'with undivided share of land 20.1 8 Square yards i. the building known as SAG Resideircy in prenrises bearir.rg Municipal No. l -2-6lD/i, (corresponding to its old No. l-2-6lD), in survey No.539, situated at BUDVEL VILLAGE, Rijendranagar Mandal, and Ivlunicipality Ranga Reddy District, Telanagana on the ground of Memo bearing No.G2l257 12019 Dt. 2610812020 issued by rhe Respo.dent No.3 as illegal, improper, a'bitrary, unjust and contrary to provisions of Regisiration Act and consJquently direct the Respondent No.3 to receive, process, register and rerease the gift/sale d""ds oi uny

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deed of -transfer presented by the petitioner in respect of the Entire Third Floor admeasuring 1380 Square Feet. including common areas and car parking adrneasuring 150 Square Feet in cellar, along with undivided share of land 40.i6 Sqrlre yards and Entire Fourth Floor admeasuring 1420 Square Feet including "or,,on areas and car parking admeasuring in cellar along with undi'ided share of land 40.36 Square yards and Entire Fifth Floor admeasuring 1420 Square Feet including common a.eas und cu. parking admeasuring in cellar, along with undivided share of Lnd 40.36 sqtrare yards and Pent House admeasuring 800 Square Feet, inctuding common areas a,d iar.parking admeasuring 150 Square Feet along with undivided share of land 20.1g Squar.e yards in the building known as SAG Residency in premises bearing Mr-rnicipal No. l -2-6lDll . (corresponding to its old No. 1-2-6lD), in survey No.539, situated at BUDVEI_ VILLAGE, Rajendranagar Mandar, and Mr-rniciparity Ranga Reddy District. Telangana without reference to Memo bearing No. G2l257l2olg ot. ze tostzozo issr.red b1,' 15g Respondent No.2 as directed in W.p. No.924gl20201 .

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IA NO: I OF 2022

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.,,, /

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Petition under Section l5l cpc praling that in rhe circumsrances sraled in rhc affidavit filed in support of the petition, the High courr nray bc pleased ro corseq.cnrry direct the respondent No.3 to receive. process. register and ieleaie the giti/salc cleecls or any deed of transfer presented in respect of the Enrire l-hird Floor aJmeasurins l lfiO Square Feet including common areas and car parkir.rg admeasuring 150 Square ieet i. Cellar, along with undivided share of Iand 40.36 SqJare yards and Entire Fourth Floor admeasuring 1420 Square Feet incruding common aieas and car parking admeasuring in cellar along with undivided share of land 40.36 Square yards and Entire Filth Floor admeasuring 1420 Square Feet including common arias and car parking admeasuring i, cellar, along with undivided share of land 40.36 Square yards ind pent House admeasuring 800 Square Feet, including common areas and car parking adr.neasr:ring r 50 Square Feet along with undivided share of land 20.1g Square yarls in the buii'ding known as sAG Residency in premises beari,g Municipal No. l-2-6iDl1, (correspondi,g to . its old No. 1-2-6lD), in survey No.539. siiuated at BUDViL vriLAGE. Rajendranagar Mandal and Municipality Ranga Reddy District, Telangana witl.rout reference,:.to Memo bearing No.G2l25i/2019 Dr. 26i0g12020 as direc]ed in w.p. No.9248/2021, forthwith, pending disposal of the above writ peririon.

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Counsel for the Petitioner:

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SRI. M A BASITH

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Counsel for the Respondents:

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GP FOR RIIVENUtr

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The Court made the follorving ORDIIIT :

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HONOURABLE SItI IUSTICE^{N.V.SHRAVANKUMAR}

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WRIT PETITION No.14O32 OF 2022

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ORDER

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Heard both sides and perused the material on^record'

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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 ol 2022 and batch dated 18.02.2022 as modified by thc Order daLed^{22.02.2022in I.A.No.2 of} 2022 in W.P.No.2985 of 2022 and batch, as^such, this^{Writ Petition} may be disposcd o[ in terms thereof.

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Tht:rcforc, follorvir-rg thc Common Ordcr dated^{18.O2.2022 rn} W.P.No.32B of 2022 and batch as modified by the Order^dated 22.02.2022 in l.A. No.2 of 2022 in W.P.No.2985 of 2022, in^terms thcreof, this Writ I)etition is disposcd of as under^{withoutany order as} to costs:

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(i) The respondent - Sub-Registrar is directed to register the document of qale, transfer arld gift etc.,^{presented for} rcgistration by the pctitioner/ s without references to the Memo Nos.G2l2S7 12019 dated 26.O8.2O2O and 29.12.2020 issued by the respondent - the Commissioner and Inspector General of Registration arrd Stamps, Telangana; Letter No.a5/TI'/NMC/2019 date<l 01.11.2019 issued by the respondenl. - thc Commissioner, Municipal Corporation, Nizampet to the rcspondcnt - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State;

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(ij) the SuL, Registrars in lhe Stat(r shall mal<c an endorsement at the rcvcrse side of the first page of the document referred in

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direction No.(i) that registration so done is subject to outcome of^,. SLP (Civi1) No.19695 of 2O21 hled by the State Governmenr before the Honble Supreme Court; and

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(iii) in case, it is found that there is any violation of law like plots /^lands /^{structures being} sold form^part of F.'f.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement informrng / 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 Honble Supreme Court in SI.P (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, websitc etc.

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The miscellaneous petitions pending, if any, shall stand closed There shall be no order as to costs.

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SD/. B. SATYAVATHI ASSISTANT REGISTRAR

//TRUE COPY//

SECTIoN OFFICEIT

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