Disposed

Mr. Syed Shamsuzzama v. The State of Telangana

Telangana HC4 Mar 2022WP/1593/2022

Case brief

AI extract

What is this about?

High Court disposed of a writ petition by setting aside the Registrar's refusal to register a sale deed without administrative memos. Directing immediate registration, the Court ordered cautionary endorsements regarding Supreme Court proceedings and potential land law violations.

What did the court decide?

Directing the Sub-Registrar to register the sale deed without reference to specific administrative memos and to include mandatory cautionary endorsements regarding Supreme Court outcomes and land law

Mr. Syed Shamsuzzama Vs The State of Telangana — Specific Performance | Telangana HC (2022)

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

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FRIDAY, THE FOURTH DAY OF^N/ARCH TWO THOUSAND AND TWENTY^TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE^{B.VIJAYSENREDDY}

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WRIT PETITION NO :1593^{OF 2022}

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Between:

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Mr. Sved Shamsuzzama,^{S/o Late SyedDilawer,aged about57 years, Occ'} Busin6ss, Fl/ o H .No. 1-6^{-773(Part)'Pathan Basthi, Zamistanpur,Hyderabad,} Telangana

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...PETITIONER

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AND

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

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The Commissioner and^{lnspector Generalof Registration and Stamps,} lvlozamJahi 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 constitutionof lndiapraying that in the} circumstances stated in^{the affidavitfiled therewith,the High courtmaybe} pleased to issue a writ, more^{particularly one in the natureof Mandamus,} declaring the action of^{the respondents herein more particularly respondentNo.} 4in refusing to receive,^{reglster and releasethe Sale Deed presentedby the} petitioner in respect of flat bearing No.503^{and 603in fifth and sixth floorof} building known as sIMRAS^{AL-YOUSUF ENCLAVE with columns, beamsand} 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, admeasuring96.9 Sq. Yards including} common area out of^{193.8 Sq. yrds, situated at Pathan Basthi, Zamistanpur,} Hyderabad, Telangana^{on the basisof lMemo No G2125712019dated2610812020}

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issued 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 Honourable Division Bench in W.P No. 9248 ot 2021 daied 23l0\l 2021, inconseq uence direct the respondent No. 4 to receive, register and release the sale^{deed presented by} the petitioner in respect of flat bearing No. 503 and 603 in fifth and sixth floor of building known as SIl/RAS AL-YOUSUF ENCLAVE with columns,^beamsand 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.S 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 Nos. 503 and 603 in fifth and sixth floor of 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 2610812020 issued by the respondent No.2^pending disposal of the main Writ petition and pass

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Counsel for the Petitioner : SRl. SHAIKH AHMED ALI

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Counsel for the Respondents: GP FOR REVENUE (TG)

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The Court made the following: ORDER

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ITONOURABLI' SRI JUSTICE I]. VIJAYSE\ REDDY WIIIT PETITION No.l593 OF 2022

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oRpER (ORAL):

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Heard both sides and perused the rnaterial on record.

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It is subrnitted by the learned counsel on either^{side that subject} nratter of this writ petition is squarely covered^{by the conrnon orderpassed} by this Court in W.P.No.328 ol^{2022 and batoh dated 18.02.2022,as} rnoclified by the order dated 22.02.2022^{in l.A.No.2ctl2022in W.P.No.2985} of 2022 and batch, and therefore, keeping^{the tnatter pendingwill not serve} any purpose, as sucl.t, the^{satnernaybe disposedol in termsthereof.}

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This Court passed interim ordet^{in this rvrit petition directingthe} respondents to receive,^process, register^{and release the subject docurnent/s.} However, conditions were^{imposedthat (a) the petitioner/sis/arenot} pern.ritted to withdraw the writ petition and^{(b) registration shall be subject} to final result of the writ^petition.

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In view of the above, recording^{the aforesaid subrnission of the} learne<l counsel on either side,^{followingthe commonorder dated} 18.02.2022 in W.P.No.328 of 2022^{and batch, as modifiedby the order} clated 22.02.2022 in I.A.No.2 of^{2022 in W.P.No.2985of 2022' in terms} thereof, this writ petition is disposed^{of as under, withoutany orderas to} CoStS:

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(A) lf the subject docurnent/s has/have ah'eady^{been registeredand} released pursuant to the interint^orcler;

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(i) the documenVs registered by the Sub-Registrar^shallbe subject to outcome of SLP^{(Civil) No.19695of 2021 filedby} the State Government before^{the Hon'ble SupremeCourt;} and

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(ii) in case, it is found that there is any^{violationof law like} plots/la nds/structures being sold form^part of^{F T.L, and} Buffer Zone/Plots having^{less than30 feet road width} access, the Sub Registrar^{shall make an endorsement}

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informing/ca utioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provislons; that registration of the same is subject to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 ol 2021 , To that effect, an 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 pursuant to the interln 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 lo the Memo Nos.G2l25712019 dated 26.08.2020 and 29122020 issued by the respondent-the Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01 .1 1 .2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various I\4unicipal Commissioners in the State;

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(ii) the Sub Registrars in the State shall make an endorsement at the reverse side o{ the first page of the 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'ble 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.T.L. and Buffer ZonelPlots having less than 30 feet road width access, the Sub Registrar shall make an endorsement inform ing/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 firsusecond page of the document and also in the encumbrance record, website etc.

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As a sequel thereto, rniscellaneous petitions, if any, pending in this

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writ petition stand closed.

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SD/.K.SAILESHI

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ASSISTANT^REGISTRAR ! t, ...

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,TRUE^COPY' SECTIbN^OFFICER

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To,

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and Registration)

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1 The Principal^{Secretary, Revenue Department (Stamp} 2 ih"'c".rltil"ner i;;*i;;i state of^{and Telanqana lnsf,ector saifabad' General' Hvderabadof Registra} tion and^StamPs' MozamJahi^{Market Road, HYderabad'}

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c' '"1"t'^'

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2 The District Registrar, Registration and Stamps Departmenl, Hyderabad. 4. The Sub-Registrar, Chikkadpally SRO (1602) Door No. 1-10-249, Ashok Nagar, Hyderabad.

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E One CC to SRl. SHAIKH AHIVED All,Advocate IOPUC]

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o. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

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1. Two CD Copies B. One Spare Copy

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-L^SB ,./'

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HIGH GOURT

DATED:0410312022

ORDER

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WP.No.1593 of 2022

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS,

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Mr. Syed Shamsuzzama v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr. Syed Shamsuzzama v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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