Allowed

Jahangir Begum v. State of Telangana

Telangana HC22 Mar 2022WP/26754/2021

Case brief

AI extract

What is this about?

High Court followed a common order directing the Sub-Registrar to register a sale deed for open land in Turkayamjal without reference to specific Memorandum Nos. issued by the Commissioner, subject to pending Supreme Court proceedings on F.S.I. violations.

What did the court decide?

Directing the Sub-Registrar to register the sale deed without reference to the Memo Nos. issued by the Commissioner, subject to pending Supreme Court orders, with a cautionary endorsement required.

Jahangir Begum Vs State of Telangana — Property and Title | Telangana HC (2022)

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

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TUESDAY ,THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTYTWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 26754 OF 2021

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Between:

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Jahangir Begum, Wo late Mohammed Ayoub, Aged aboul 72 years, Occ. household, Rep by her GPA holder, Mohammed Fasi S/o late Mohammed Ayoub Aged about 42 years, Occ. Business, R:/o H.No.17-2-598, lvtadannapet, Saida'bad, Hyderabad.

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...PETITIONER

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AND

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State of Telangana,, Rep by its Principal Secretary Revenue (Stamps and Registration), Secretariate, Hyderabad

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

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The Sub-Registrar,, Vanasthalipuram, Ranga Reddy 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 receiving, registering and releasing the sale deed presented by the petitioner in respect of open land bearing Plot No.38, admeasuring 169 Sq. yards, equivalent to 141 .30 Sq. Meters, out of the total area admeasuring Ac. 4-27 3/4 Gts, in Survey No.s 342, 343, 344, 345 and 18711 , situated at J.B. Colony, Turkayamjal Village, Abdullapurmet Revenue lVlandal, (Previously under Taluk East) Ranga Reddy District, under Turkayamkjal Municipality(previously under Turkayamjal Gram Panchayat) within the Registration Sub-District. Vanasthalipuram, on the basis of

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MemoNo.G2l2STt2}lgissuedbytherespondentNo'2asillegal'arbitraryand one without^{jurisdictionand to consequentlydirect the respondent No'3 to} receive, register^{€rndrelease the sale deed presentedby the petitionerin respect} ofopenlandbearingPlotNo'38,admeasuring169Sq'yards'equivalentto 141.30 Sq. Meters,^{out of the total area admeasuring Ac' 4-273/4 Gts' in Survey} No.s 342, 343,^{3'14'345 and 187/1, situatedat J B Colony' Turkayamjal Village'} AbdullapurmetRevenueMandal,(PreviouslyunderTalukEast)RangaReddy District, under^{Turkayamkjal Municipality (previouslyunder TurkayamjalGram} Panchayat)^{within the RegistrationSub-DistrictVanasthalipuram'withoutthe} reference^{of the lvlemo No.G2t257t2019 issued by the respondent No'2'}

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lA NO:¹ o^{F 2021}

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Petition under^{Section 151 CPC praying that in the circumstances stated in} theaffidavitfile(linsupportofthepetition,theHighcourtmaybepleasedto direct the^{respondent No.3 to receive' register and release the sale deed} presented by the^{petitioner in respect of open land bearing Plot No'38'} admeasuring^{I 69 Sq. yards, equivalentto 141 '30 Sq' Meters' out of the total area} admeasuring^{Ac:. 4-27 3/4 Gts, in SurveyNo s 342' 343' 344' 345 and 18711'} situated at^{J B.Colony,TurkayamjalVillage'AbdullapurmetRevenue} Mandal,(Previou^{sly under Taluk East) Ranga Reddy District'under Turkayamkjal} Municipality(pre,riously^{under Turkayamjal Gram Panchayat)withinthe} RegistrationSub.District'Vanasthalipuram,withoutthereferenceofthe[i/lemo No.G2l257l2O1!)^{issued by the respondent No'2 pending disposal of the above} writ petition

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Counsel for the Petitioner :SRl. KATIKA RAVINDER REDDY

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Counsel for the Respondents 1 to 3: GP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.26754 oF 2021

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oRpBR (I)RAL) :

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Heard both sides and perused the material on record.

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It is submitted by the leamed counsel on either side that subject rnatter 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 1g.02.2022, as modified by the order dated22.02.2022 in I.A.No.2 of 2022 in W.p.No.29g5 of 2022 anrl S616[, and therefore, keeping the matter pending will not serve any purposc, as such, the same may be disposed of in terms thereofl.

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This Court passed interim order in this writ petition directing the respondentli to receive, process, register and release the subject document/s. However, :onditions were imposed that (a) the petitioner/s is/are not perrnitted to withdraw the writ petition and (b) registration shall be subject to final rest lt ol'the writ petil.ion.

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In view of the above, recording the aforesaid submission of the learned co unsel on either side, following the common order dated 18.02.2022 in W.P. No.328 of 2022 and, batch, as rnoclified by rhe order daterl 22.02.2022 in I.A. No.2 0f 2022 in w.p.No.2g85 0f 2022. in rerms thereol, this writ petition is disposed of as under, without any order as to costs:

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(A) Il the subject document/s has/have already becn registered and

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released pursuant to the interim order;

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(i) the document/s registered by the Sub-Registrar shall be subjccl to outcome of SLP (Civil) No.19695 of 2021 flled by rhe Srare Govemmcnr belbre the Ilon'ble Supreme Court; and

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(ii) in case, it is found that there is any violarion of law like plots/lands/structures being sold firrm part ol'F,T.t-. and Buffcr ZonelPlots having less than 30 feet road n,idth access. the Sub

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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 in the encumbrance record, website etc.

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(B) If the subject document/s is/are not yet registerecl and released pursuant to the interim order.

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(i) the respondent - Sub-Registrar is directcd ro register the document ofsale, transfer and gift etc., prescnted for regisiration by the petitioneris without reference to the Memo Nos.G2l2 57l2ol9 dated, 26.08.2O20 and 29.12.2020 issued by the respondent-the Commissioner and Inspector Ceneral of Registration and Stamps, Telangana; Letter No.45/TPAIMC/2019 datcd 0l . I I .2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, euthbullapui, Ranga Reddy District, and similar letters, il any, issucd by the various Municipal Commissioners in the State;

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(ii) the Sub Rcgistrars in thc State shall make an endorsement at the reverse side of the first page ol the document rcfered in direction No.(i) that registration so done is subject to outcomc olSLp (Civil) No.19695 of 2021 filred by the State Govemment bcfbre the Hon,ble Supreme Cout; and

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(iii) in case, it is found that there is any violation of larv like plots / lands / structures being sold fonn part of F.T.L. and Buffer Zone / Plots having less than 30 fcct road ,uvidth access, the Sub Registrar shall make an endorsemcnt 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 ordors of thc Hon'ble Suprcme Court in SLp (Civil) No.19695 of 2OZl. To that cffect, an cndorscment shall be made on the reverse side of the first / seoond page ol the tlocumcnt and also in the encumbrance rccord. wcbsite etc_

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

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writ petition stand closed.

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To,

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SD/.B.SATYAVATHI ASSISTANT REGISTBAR N/

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//TRUE COPY//

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SECTION OFFICER

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The Principal Secretary^{Revenue (StampsandRegistration)' Secretariate'} Hyderabad, State^{of Telangana.}

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2.TheCommissionerandlnspectorGeneralofRegistrationandStamps, Telangana,^HYderabad.

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The Sub-Registrar,Vanasthalipuram,^{Ranga Reddy District'}

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One CC tc, SRl. KATIKA^{RAVINDER REDDY Advocate} [OPUC]

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Two CCslo GP^{FORSTAMPSAND REGISTRATION(TG),HighCourtfor} the State of Telangana. [OUT]

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Two CD Copies

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One Spare Copy NS SW^t

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HIGH COURT

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DATED:2210312022

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a 9 STAIE o
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ORDER

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WP.No.26',t54 o12021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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r'/b
7

Jahangir Begum v. State of Telangana

Case brief

What is this about?

What did the court decide?

Jahangir Begum v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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