Disposed

M.A. Akbar Hussain Khadri v. The State of Telangana and 2 Others

Telangana HC21 Mar 2022WP/30563/2021

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition challenging the refusal of a Sub-Registrar to register sale deeds regarding unauthorized land plots. The Court directed registration without reference to specific prohibition memos but imposed conditions requiring endorsements acknowledging pending Supreme Court litigation.

What did the court decide?

Directed the Sub-Registrar to register the sale deeds without reference to prohibition memos, subject to the outcome of a pending Supreme Court review petition, requiring specific statutory endorsemen

M.A. Akbar Hussain Khadri Vs The State of Telangana and… — Property and Title | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction )

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MONDAY,THE TWENTY FIRST 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: 30563 OF 2021

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Between:

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M.A. Akbar Hussain Khadri, S/o Rajak Quadri, Aged about 31^years, Occ. Business, RJo H.No. 19-8'l/'1, Maruthi Nagar, Achampet Village and Mandal, Mahaboobnagar. Aadhar No. 8910 8735 6444.

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.,.PETITIONER

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AND

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'l, The State of Telangana, Rep., by its Principal Secretary. Revenue Department, Secretariat, Hyderabad.

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The Commissioner and lnspector General of Registration and Stamps, Telangana, Office at Moazamjahi Market, Hyderabad,

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The Sub- Registrar, Achampet, Mahaboobnagar District.

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.RESPONDENTS

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Petition under Anicle 226 of the Constitution of lndia prayinq that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents No. 3 in refusing to receive register and release the Sale Deed/s presented by the Petitioners, towards the Plots in his land adm., Ac. 1.38 Gts., or 0-78 Hectors, in Sy.No. 1014/3/1 and Sy.No. 1014/4, situated at Achampet Village and Mandal, Achampet Taluka, Mahaboobnagar District and land in Sy.No. 78lA admeasuring Ac.2-05 Gts., Situated at Achampet Taluk and Mandal, Achempet Gram Panchayat, Thangapur Village, Mehboobnagar District and a

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Land in Sy.No. 298/AA adm., Ac. 1-00 Gts., or 0-40 Hectors and in Sy.No. 299, adm., Ac. 0-37 Gts., or 0-37 Hectors, Situated at Achampet Village, Achampet Grampanchayat and Mandal, Mahaboobnagar District, in^pursuant to the Memo No. G2l257l2019, dated. 2610812020, issued by the Office of the Respondent No.2, under Prohibition of registration of unauthorized plols and buildings against the Petitioner's land, as arbitrary, illegal, without any^jurisdiction contrary to the Provisions of the Registration A,)t 1908 and in violation of Article 14 of Constitution of lndia and consequently direct the Respondents No.3 herein to receive register and release the Sale Deed/s presented by the Petitioner in respect of their land, without reference to letter Memo No. G2125712(t19, daled. 2610B12020, issued by the Office of the Respondent No.2 and grant

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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 No. 3 herein to receive register and release the Sale Deed/s presented by the petitioner towards the Plots in his land adm., Ac. 1.38 Gts., or 0-78 l-lectors, in Sy.No.^'10'lA/3/1 and Sy-No.^'101A,/4, situated at Achampet Village and Mandal, Achampet Taluka, Mahaboobnagar District and land in Sy.No. 78/A admeasurirrg Ac.2-05 Gts., Situated at Achampet Taluk and Mandal, Achempet Gram Panchayat, 1'hangapur Village, Mahaboobnagar District and a Land in Sy.No.298/AA adm., Ac- 1^00^t3ts.. or 0- 40 Hectors and in Sy.No. 299, adm., Ac. 0-37 Gts., or 0-37 Hectors, Srtuated at Achampet Village, Achampet Grampanchayat and Mandal, Mahaboobnagar District, without reference to Letter Memo No.G2l25712O19, daled 2610812020 issued by the Office of the Respondent No. 2, pending disposal, of the above Writ Petition ancl grant

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Counsel for the Petitioner: SRl. PRAKASHCHAKRAVARTHY

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Counsel for the Respondents : GP FOR STAMPS ANO REGISTRATION

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The Court made the following : ORDER

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) )

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IIONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.30563 OF 2021

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oRpER (ORAL):

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Heard both sides and perused the rnaterial on record.

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[t is subrnitted by the leamed counsel on either side that subject matter of this writ petition is squarely covered by the cornrnon 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 in W.P.No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the same rnay be disposed of in terrns thereoL

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

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In vierv of the above, recording the aforesaid subrnission of the learned counsel on either side, following the comrnon order dated 18.02.2022 in W.P.No.328 of 2022 and batch, as modified by the order datetl 22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 of 2022, in tems thereo{, this writ petition is disposed of as under, without any order as to costs

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(A) lf the subject document/s has/have already been registered and released pursuant to the interiln order;

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(i) the documenUs 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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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 subjr-.ct to outcome of orders of the Hon'ble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an endorsemont shall be made in the encumbrance record, website etc.

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(B) If the subject documenVs is/are not yet registered and released pursuant to the rnterirn ordcr;

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(i) the respondent - Sub-Registrar is directed to register lhe document of sale, transfer and gift etc., presented ior registration by the petitioner/s without reference to the Memo Nos.G2l25712019 daled 26.O8.2O20 and 29.12.2020 issued by lhe respondent-the Commissioner and lnspec:or General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01 .1 1 .2019 issued by tre 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 irn endorsement at the reverse side of the first page of the document referred in direction No.(i) that registration so done is subject to oulcome of SLP (Civil) No.19695 of 20:21 filed by the State Government before the Hon'ble Suprenre 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 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 St.P (Crvil) No.19695 of 2021. To that effect, an endorsement shall be made on the reverse side of the firsVsecond pagre 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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wnt petition stautl closecl.

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SO/.T.JAYA5REE

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ASSISTANT^REGISTRAR

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//rRuE^coPYll w SECIION^OFFICER

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<br>

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To,

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The Principal^{Secretary' Revenue Department' Secretariat'State of Telangana}

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The Commissioner and lnspector General of Registration and Stamps, Telangana, office at Moazam,ahi Market, Hyderabad,

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The Sub- Registrar, Achampet, Mahaboobnagar District,

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One CC to SRl. PRAKASHCHAKRAVARTHY Advocate [OPUC]

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Two CCs to cP FOR STAMPS AND REGISTRATION , High Court for the State of Telangana. [OUT]

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Two CD Copies

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One Spare Copy

ANV

\ \ HIGH COURT

DATED: 27103/2022

ORDER

w.P.NO. 30563 0F 2021

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DISPOSING OF THE W.P

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WITHOUT COSTS

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M.A. Akbar Hussain Khadri v. The State of Telangana and 2 Others

Case brief

What is this about?

What did the court decide?

M.A. Akbar Hussain Khadri v. The State of Telangana and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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