Disposed

Syed Riyaz v. State of Telangana

Telangana HC16 Mar 2022WP/29130/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition for registration of documents in accordance with common orders in W.P.No.328 of 2022. The Sub-Registrar is directed to register documents without reference to specific Memorands but must endorse that registration is subject to the outcome of SLP (Civil) No.19695 of 2021.

What did the court decide?

The writ petition was disposed of in terms of common orders; the Sub-Registrar is directed to register documents with an endorsement that the transaction is subject to the outcome of SLP (Civil) No.19

Syed Riyaz Vs State of Telangana — Property and Title | Telangana HC (2022)

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HIGH COURT FOR^{THE STATEOF TELANGANAAT HYDERABAD}

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(SPecial Original Jurisdiction)

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WEDNESDAY ,THE SIXTEENTH^{DAY OF MARCH} TWO THOUSAND AND^{TWENTY TWO}

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PRESENT

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THE HONOURABLE SRI^{JUSTICEB'VIJAYSEN REDDY}

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WRIT PETITION NO:² 9130^{0F 2021}

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Between:

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Sved Rivaz. Sio.late Syed^{Mashaqaged about 47 yearc,Occ-Business'} Rio.H.t{d.e-t^{-998/Pw/1 00, Paramount Colony, Tolichowki' Hyg-erabad,rep} bv his reod. DAGPA Holder^{lr4/s.PeersAziz Constructions,Otflce at - FlaI} Nb.)01, tiL'to.a-l-36tts+^{and 55, Mawin Heights, Delux Colony, Tolichowki,} ffya"iib"A, Rep. by^{its Managing Partner l,4r'Masood Ahmed Suhaib}

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...PETITIONER

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AND

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State of Telangana,^{rep. by its Principal Secretary, Revenue (Registration and} Stamps) Department. Secretariat,^Hyderabad.

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The Commissioner,^{and lnspectorGeneralof Registration and Stamps'} Telangana, Hyderabad.

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3, The District Registrar,^{Revenue (RegistrationandStamps) Department'} Hyderabad District.

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The Joint Sub Registrar-2,^{Revenue (RegistrationandStamps)Department,} RO, Banjarahills, Hyderabad^District

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...RESPONDENTS

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Petition under Article 226 of^{the constitutionof lndiaprayingthat in the} circumstances stated in^{the affidavitfiledtherewith, the High coud may be} pleased to issue a writ, order or direction^{more particularlyone in the nature.of} Writ of Mandamus declaring^{the actionof the respondentsmore particularly the} 4th respondent in refusing^{to receiveand registerthe documents presentedby the} petitioner in respect of Flat nos.1O'1 , 1O2,^{103,104 and 105, in the building known} as "MSA-DE-ROYAL" each^{admeasuring1397 to 15'13sq. feet (including common} areas with car^{parking) out of total land admeasuring900 sq. yards,bearing} municipal no.8-1-39/SA/l^{4211and 143 and 144 and 58/101to '105, situatedat} Tolichowki, Hyderabad, on the^{ground ofMemo No.G2125712019 dated'} 26iO8l2O2O issued by the 2nd^{respondent,as illegal'arbitrary,unjust,} unconstitutional, violation of^{principles of natural justice and also contrary to the} provisions of Registration Act, 1908, and set^{asidethe same,and consequently} direct the respondents^{3 and 4 to registerand release the documentspresented}

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by the petitioner in respect of subject flats without reference to the lvlemo No.G2125712019 dated-26i08/2020 issued by the 2nd respondent.

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lA NO: 1 oF 2021

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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 respondents 3 and 4 to receive, register and release the documents presented by the petitioner in respect of Flat nos.101 , 102, 1O3, 104 & 105, in the building known as "MSA-DE-ROYAL" each admeasuring^',l397 to .1 513 sq. feet (including common areas with car parking) out of total land admeasuring gO0 sq. yards, bearing municipal no.8-1-39/S Al14211 & 143 & 144 & SBl101 to 105, situated at Tolichowki, Hyderabad, without'reference to the Memo No.G2l2S7l2O19 dated:26.08.2020 issued by the 2nd respondent, pending disposal of the writ petition.

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Counsel for the Petitioner:SRl. MOHD MOIN AHMED QUADRI

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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! I

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IIONOI.IRABLE^{SRI JUSTICE B' VIJAYSEN REDDY} } I{IT PETII'^{IONNo.29130 C)l'2021}

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ORDER^(ORAL):

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I-leard both^{sides and perusedthe material on record'}

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It is sublllitted^{by the learnecl counselon either side that subject matterof} tliis writ^{petitionis squarely coveredby the common order passed by this Court} in W.P.No.328 of^{2022and batct dated l8'02'2022'as modifiedby the order} date<) 22.02.2022^{in I.A.No.2 of 2022 in W'P'No'2985of 2022andbatch' and} therefore,^{keeping the matter pendingwill not serveany purpose' as such'the} same tnay^{be disposed of in tenns thereof'}

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This Court^{passedinterim order in this writ petition directing the} respondents to^{receive, process,registerand release the subjectdocumenVs'} However,conditionswereimposedthat(a)thepetitioner/Sis/arenotpermittedto withdraw the^{writ petitionand(b) registration shall be subject to final resultof} the rvrit^petition.

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ln view of the^{above, recordingthe aforesaid subl.nission of the learned} counsel on either^{side, follorvingthe cornrnonorder dated 18'02'2022in} W.P.No.328 ol 2022^{and batch. as rnodified by the order dated 22'02'2022 in} I.A.No.2 of^{2022in W.P'No.2985of 2022, in tennsthereot-'this writpetitionis} disposed of^{as under, without any orderas to costs:}

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(A) If the subject document/s^{has/havealready been registered and released} pursuant to the interitn^order;

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(i) the documenUs^{registeredby the-} -Sub-Registrar shall be subject to^{outcomeof SLP(Civil) No'19695of 2021 filed by the} State Government^{before the Hon'ble Supreme Court; and}

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(ii) in case, it is found^{that there is anyviolationof lawlike} pt6tslanaVstruciures being^{sold- form part of F T'L and Buffer} ZonelPlots having^{less tha;30 feetroad width access' the Sub} Registrar shall^{niake an endorsementinforming/cautioning the} purih"."r" that risk is^{involvedin purchaseof such plots;such} transactions are^{hit by relevant statutory provisions;} -that registration of the^{same is subject to outcome of orders of the}

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Hon'ble Supreme Court In SLP (Civil) No.19695 oI 2021. To that effect, an endorsement shall be made in the encumbrance record, website etc.

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(B) Ifthe subject documenVs is/are not yet registered and releasecl pursuarlt to

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the interirn order:

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(i) the respondent - Sub-Registrar rs directed to register the document of sale, transfer and gift etc_, presented for registration by the petitioner/s without reference to the Memo Nos.c2l257l2O19 dated 26.08.2020 and 29.12.2020 issued by the responden!the.. Commissioner and lnspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/201 9 dated 01 ..1 1 .201 9 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, euthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State;

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(ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document referred in direction No.(i) that registration so done is sub.,ect to outcome of SLP (Civil) No.19695 of 2021 fited 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 Regishar 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 (Civit) 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, miscellaneous petitions, il any. petrcling in this writ

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petition stand closed

3ol-a.snrYRvnrHt

ASSISTANT^REGISTRAR

,TRUE^COPY// SECTION^OFFICER

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To,

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1 The Principal^{Secretary, Revenue (RegistrationandStamps) Department'} s't,t; ;i iffi;ina-,^{b'ii'"tu'iut'Hvderabad'}

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2 TheCommissioner'andlnspectorGeneralofRegistrationandStamps, Telangana,^HYderabad'

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3 The District^{Registrar, Revenue (Registration and Stamps) Department'} Hyderabad^District'

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' 4 The Joint Sub Registrar-2, BefglYq^{(RegistrationandStamps) Department'} - nO, elnpiuhills, -Hyderabad District 5. one CC^{to SRl. MOHD MOIN AHtvlED QUADRIAdvocateIOPUCI} 6. Two CCs^{to GP FORREVENUE'HighCourt for the State of Telangana'} iouTl

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