Disposed

Mr. Mohammed Awais Ali v. State of Telangana And 3 Others

Telangana HC21 Mar 2022WP/30556/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the refusal to register sale deeds. The Court issued a common order directing the Sub-Registrar to register the documents while making an endorsement in the encumbrance record and website alerting purchasers to risks if the plots violate F.T.L. or Buffer Zone regulations pending the Supreme Court's decision.

What did the court decide?

Directed the Sub-Registrar to register the sale deeds without reference to the disputed memorandums, but must endorse a caution regarding F.T.L. and Buffer Zone violations pending Supreme Court orders

Mr. Mohammed Awais Ali Vs State of Telangana And 3 Others — Property and Title | Telangana HC (2022)

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[3183 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction ) MONDAY ,THE TWENTY FIRST DAY OF MARCH / TWO THOUSAND AND TWENTY TWO PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 30556 OF 2021

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Between:

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I/r. Mohammed Awais Ali, S/o. Mohammed Azher Ali, aged about. 25 years, Occ Business, R/o. H.No. 204-129117, Shah Ali Banda, Manjli Begum Ki Haveli, Charminar, Hyderabad - 500002

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.AND

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State ofTelangana, Rept., by its Prl Secretary to Government, Revenue Department (Stamp and Registration) Secretariat, Saifabad, Hyderabad

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The Commissioner and lnspector General Oi Registration and Stamps. l/ozam Jahr Market Road, Hyderabad

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The District Registrar, Registration and Stamps Department, Hyderabad, At Moiamjahi Market, Hyderabad

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The Sub-Registrar, SRO Golconda, At 113-6-431/D/56, Inner Rtng Rd-. Konijeti Enclave, Moghal Nagar, Gudimalkapur, Hyderabad, Telangana 500264

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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 Hrgh Court may be^pleased to issue a Writ, more particularly one in the nature of Mandamus, declaring the action of the respondents herein more particularly respondent No 4 in refusing to receive, register and release the Sale Deed presented by the petitioner in respect of FIat Nos. 101. 102, 301 302, 501 and 502 in the building known as PRIME RESIDENCY admeasuring 784 Sq Feet each excluding common area, together with proportionate undrvided share of land out of total land admeasuring 184 Square Yards or 1 53 83 Sq [,4eters at^premises

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bearing Municipal H.No. 12-1-5581211, (corresponding to its old House No 12-1-55812) Situated at Syed Ali Guda, Itilurad Nagar, Near Mairajs Royal Sea Hotel, Hyderabad, Telangana State on the basrs of Memo No G2125712019 daled 26tO812020 rssued by the respondent No 2 as highly illegal, arbitrary, without^jurisdiction in violation of petitioners fundamental right, contrary to provisions of Registratlon Act 1908, against the true spirit and nature of orders passed by the Honourable Division Bench in W.P No. 9248 of 2021 daled 2310812021, inconsequence direct the respondent No 3 to receive, register and release the sale deed presented by the petitioner in respect of FIat Nos. 1 01 , 1 02, 301 , 302, 501 and 502 in the building known as PRIME RESIDENCY admeasuring 784 Sq Feet each excluding common area, together with proportionate undrvided share of land out of total land admeasuring 184 Square Yards or 153.83 Sq lVleters at premises bearing Municipal H.No. 12-1-5581211, (corresponding to its old House No. 12-1-55812) Situated at Syed Ali Guda, Murad Nagar, Near Mairajs Royal Sea Hotel. Hyderabad. Telangana State.

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lA NO: 1 OF 202'l

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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 drrect the respondent No.4 to receive, regaster and release the sale deed presented by the petitioner in respect of Flat Nos. 101, 102,301,302,501 and 502 in the building known as PRIME RESIDENCY admeasuring 784 Sq Feet each excluding common area, together with proportionate undivided share of land out of total land admeasuring 184 Square Yards or 153 83 Sq Meters at premises bearing Municipal H.No. 1?-1-5581211 (corresponding to its old House No. 12-1-55812) Situated at Syed Ali Guda. Murad Nagar, Near Mairaj's Royal Sea Hotel, Hyderabad, Telangana State without referring to the Memo No G2125712019 daled 2610A12020 issued by the respondent No 2

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Counsel for the Petitioner : SRl. MOHD IFTEQAR ALI Counsel for the Respondents : GP FOR REVENUE The Court made the following: ORDER

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HONOURABI,E SRI JUSTICE B. VTJAYSEN REDDY WRIT PETITION No.30556 OF 2021

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( (

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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 rnatter of this writ petition is squarely covered by the common order passed by tlris Court in W.P.No.328 of 2022 and batch dated 18.02.2022, as rnodified by the order dated22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 , of 2022 and batch, and therefore,^{keeping the matter pending will not serve} any purpose, 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 docurnent/s. However, conditions were imposed that (a) the petitioner/s is/are not pennitted 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 submission of the leamed counsel on either side, following the comrnon order dated 18.02.2022 in W.P.No.328 of 2022 and batc[ as modified by the order dated 22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 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 released pursuant to the interim order;

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(i) the documenVs registered by the Sub-Registrar shall be 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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(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 ZonelPlots having less than 30 feet road width access, the Sub Registrar shall make an endorsement

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I t

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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,^websiteetc.

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(B) If the subject docurnenVs is/are not yet registered and released pursuant to the interirn 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.G2l25712019 daled 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stainps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued bythe 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 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 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 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 firsUsecond^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 in this

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writ petition stand closed.

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sD/-^{P.PAD-UANABR$,EFR?X}

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{ //TRUE^COPY, SECTION^OFFICER

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II I

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To,