Allowed

M/s. Simra Constructions v. State of Telangana.

Telangana HC7 Mar 2022WP/150/2022

Case brief

AI extract

What is this about?

The Telangana High Court disposed of a writ petition challenging the refusal to register sale deeds for flats. Following a common order in a batch matter and an interim order, the Court directed the Sub-Registrar to register documents without referencing specific memo nos. pending the Supreme Court outcome in SLP (Civil) No.19695 of 2021, while requiring endorsements regarding F.T.L. violations.

What did the court decide?

Directed Respondents to register sale documents without reference to Memo No. G2125712019 pending SLP (Civil) No.19695 of 2021 outcome; required endorsements on records regarding F.T.L./Buffer Zone vi

M/s. Simra Constructions Vs State of Telangana. — Land Acquisition | Telangana HC (2022)

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[³¹⁸³ I

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

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MONDAY, THE SEVENTH DAY OF^MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 150 OF 2022

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Between:

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M/s. Simra Constructions, Rept., by Mr. Mohammed Omer^{S/oLateMr.Nazir} Ahmed, Occ. Business- R/o H.No.1-7-390,^{AroraComplex,Musheerabad,} Hyderabad, Telangana

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...Petitioner

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AND

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'1. State of Telangana., Rept., by its Prl Secretary, Revenue Department (Stamp and Registration) Secretariat, Saifabad,^Hyderabad.

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The Commissioner and lnspector General Of^{Registration and Stamps,} MozamJahi Market Road, Hyderabad.

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The District Registrar, Registration and Stamps^{Department. Hyderabad.}

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The Sub-Registrar, Chikkadpally SRO^{(1602) Door No. 1-'10-249, Ashok} Nagar. Hyderabad.

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...Respondents

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Petition under Article 226 of the Constitution of India^praying that in the circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue a Writ, more particularly one in the nature of Mandamus, declaring the action of the respondents herein more^{particularly respondentNo.} 4in refusing to receive, register and release the Sale Deed^presented by^the petitioner in respect of flat bearing No.203 and 403 in building known as^"SIMRAS ALYOUSUF ENCLAVE" with columns, beams and roof, each admeasuring¹⁰⁰⁰ Sq. feet each^(including common areas), with undivided^share of^land admeasuring 20 Sq.^yards each respectively constructed in^{houseproperty} bearing No. 1-6-773, admeasuring 96.9 Sq.^{Yards including common area out of} 193.8 Sq. yrds, situated at PathanBasthi, Zamistanpur, Hyderabad, Telangana^on the basis of Memo No G2125712019 dated^{26-08-2020issued by the respondent} No 2 as highly illegal, arbitrary, without.jurisdiction, in^violation of^petitioners fundamental right, contrary.to provisions of Registration Act^1908, against the^true spirit and nature of orders^passed by the Hon'ble^{Division Bench in W.P No. 9248} ol 2021 dated 23-08-202l,inconsequence^direct the^{respondent No. 4 to receive,}

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register and release the sale deed presented by the petitioner in respect of flat bearing No.203 and 403 in building known as^'SMIRKS AL-YOUSUF ENCLAVE' with columns, beams and roof , each admeasuring 1000 Sq. feet each (including common areas), with undivided share of land admeasuring 20 Sq. yards each respectively constructed in house property bearing No. 1-6-773, admeasuring 96.9 Sq. Yards including common area out of 193.8 Sq. yrds, situated at Pathan Basthi, Zamistanpur, Hyderabad, Telangana,

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lA NO: 1 OF 2022

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Petition under Section 151 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 to receive, register and release the sale deed presented by the petitioner in respect of flat bearing No.203 and 403 in building known as "SIMRAS AL-YOUSUF ENCLAVE'with columns, beams and roof, each admeasuring 1000 Sq. feet each (including common areas), with undivided share of land admeasuring 20 Sq. yards each respectively constructed in house property bearing No. 1-6-773, admeasuring 96-9 Sq. Yards including common area out of 193.8 Sq. yrds, situated at Pathan Basthi, Zamistanpur, Hyderabad, Telangana without referring to the Memo No G2125712019 dated 26-08-2020 issued by the Respondent No.2 pending disposal of the main Writ petition and pass

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Counsel for the Petitioner(s): SRl. SHAIKH AHMED ALI

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Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION

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The Court made the following:

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ORDER:

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.150 OF 2022

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oRpER(ORAL):

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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 of 2022 and batch dated 18.02.2022 as modified by the order dated22.02.2022 in I.A. No.2 of 2022 ir W.P. No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serve any^pulpose, as such, the same may be disposed of in terms thereof.

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This Court passed interim order in this writ^petition directing the respondents to receive, process, register and release the subject document/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final reiult of the writ petltlon.

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In view of the above, recording the aforesaid submission

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of the leamed counsel on either side, following the common order dated 18.02.2022 in W.P. No.328 of 2022 and batch as modified by the order dated 22.02.2022 in I.A. No.2 0f 2022 in W.p. No.2gg5 of 2022, in terms thereof, this writ petition is disposed of as under, without any order as to costs:

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(A) If the subject document/s has/have already been registered and

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reieased pursuant to the interim order;

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(i) ttre document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Govemment before the Hon'ble Suprerne Coul; and

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(ii) in case, it is found that there is any violation of law like plots / lands / structures being sold form part of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement informing / 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 Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an

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1 !

endorsement shall be made in the encumbrance record, website etc.

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(B) If the subject document/s is/are not yet registered and released

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pursuant to the interim order;

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(i) the respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos. G2 I 257 / 20 19 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Cornmissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TPAIMC/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation, Nizarnpet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the Statel

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(

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(ii) the Sub Registrars in the State shall make an endorsement at the reverse side ofthe first page ofthe document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon'b1e 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

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of F.T.L. and Buffer Zone / plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement informing / 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 Hon'ble Supreme Court in SLP (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, website etc.

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As a sequel thereto, miscellaneous petitions, if any, pending

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in this writ petition stand closed.

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SD/T.KRISHNA^KUMAR ASSISTANT^REGISTRAR I u_.,

//TRUE^COPY//

SECTION^OFFICER

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/''

To,

'1. The Principal Secretarv. Reve-1yq Department (Stamp and Registration) Secretariat, Saifabad, State of Tetangrd, ntdei;b;ij.

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1. The Commissioner and lnspector General Of Registration and Stamps, MozamJahi Market Road, Hyderabad.

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3 The District Registrar, Registration and stamps Department. Hyderabad. 4. The Sub-Regiskar, Chikkadpaly SRO (1602) Door No. 1-10_249, Ashok Nagar. Hyderabad.

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One CC to Sri Shaikh Ahmed Ali Advocate tOpUCl 6. Two CCs to GP for Stamps and Registration, High Court for the State of Telangana, Hyderabad [OUT]

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Two CD Copies

SWT

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HIGH COURT DATED:0710312022 | 'lt."

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I I ORDER I t,,'.ir'

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WP.No.150 o12022

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WRIR PETITION IS DISPOSED OF WITHOUT COSTS.

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Cef^rer5

M/s. Simra Constructions v. State of Telangana.

Case brief

What is this about?

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M/s. Simra Constructions v. State of Telangana.

Case brief

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