Disposed

Mr.Mohd.Khaleel Ahmed v. The State of Telangana

Telangana HC22 Feb 2022WP/3113/2022

Case brief

AI extract

What is this about?

This writ petition challenged the refusal to register sale deeds due to previous restriction memos. The High Court disposed of the petition following a common order, directing the Sub-Registrar to register the documents but with specific endorsements regarding pending Supreme Court proceedings on similar issues.

What did the court decide?

Direction to respondent Sub-Registrar to register the sale document without reference to past Memos, subject to endorsement regarding Supreme Court pending proceedings.

Mr.Mohd.Khaleel Ahmed Vs The State… — Constitutional and Fundamental Rights | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY SECOND^{DAY OF FEBRUARY} 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 :3113^{OF 2022}

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Betwee n:

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t,4r.Mohd.Khaleel Ahmed,^{S/o Abdul Sattar, Aged aboutT2 years, Occ Retire} Employee, R/o.^H.No.B-1'1 ,^{Ram Nagar Colony, Zahtabad,Medak'} Telangana.

¶9

Ir/r.Mohd lmaduddin^{Tareq, S/o [Vlohd.Yakoob,Aged about34 years,Occ} Private Employee, R/o.^{H.No.19-2-81l16/4/6,Ranjan Colony,Tadbun,} Bahadurpura, Hyderabad, Telangana.

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...PET|T|ONERS

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AND

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1 The State of Telangana,^{Rep by its Principal Secretary Stampsand} Registration Department,^{Secretariat Buildings, BRKR Bhavan, Tank bund'} Hyderabad.

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2 The Commissioner and lnspector^{General of Registration and Stamps,M J'} tvlarket, Hyderabad, Telangana^State.

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3 The Sub-Registrar, Red Hills, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe^{constitutionof lndiapraying that in the} circumstances stated in the^{affidavitfiled therewith, the High courtmay be} pleased to issue writ, order or direction^{morein the nature writ of Mandamus} declaring the action of the 3rd^{respondent in not receiving, registeringand} releasing the sale deeds^{presentedby the Petitionersi.e., l st Petitionerin respect} of Flat No. G2 admeasuring to^{an extentof 1269Square Feet and 2ndPetitioner} in respect of Flat No,402 admeasuring^{to an extent of 1269Square Feet in the} residential building complex^{namely Phoenix Heights-BaitU 1-Shakeerin situated} in property bearing No.11-4-624t4l^{Al, admeasuring to an extent of 282 Square} yards or 235.78 Square meters in A.C.Guards^{Road,Red Hills' Hyderabad,} ietangana on the Ground of^{[/emobearing No.G2125712019dated 26.08.2020} and ig.l2.2oz0 issued by the^{2ndrespondent as illegal,arbitrary,without} jurisdiction, contrary to the provisions of Registration Act-1908,^{and Violation of} Article 14 of constitution of^{lndia, and consequentlydirect the 3rd Respondentto} receive, register and release the^{saledeedspresented by the Petitioners without} reference to [r,4emo bearing^{No.G2125712019dated26.082020and 29.12.2020} issued by the 2nd respondent.

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IA NO | 1 0F 2022

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Petition under section^{151 CPC praying that in the circumstances statedin} the affidavit filed in^{supportof the petition,the High courtmay be pleasedto} direct the respondent^{No.3 herein to} ^receive,^{register and release the sale deed} presented by the^petitioner i.e,,^{l srPetitioner in respect of Flat No. G2} admeasuring- lo^{an extent of 1269 Square Feet and 2nd Petitioner in respect of} Flat No. 402 admeasuring^{to an extent of 1269 Square Feet in the residential} building complex namely^{"Phoenix Heights-Bait-Ul-shakeerin"situatedin property} bearin{ No.i1-4-62414lA/1^{admeasuringto an extent of 282 Square yardsor} 235.7d Square meters^{in A.C.Guards Road, Red Hills, Hyderabad,Telangana} without reference to^{tt4emobearing No.G2125712019 dated 26.082020 and} 29.12.2020 issued^{by the 2nd respondent}

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Counsel for the Petitioners^{: SRI.ALLAMRAMESH} Counsel for the^{Respondents: AGPFOR STAMPSANDREGISTRATION} The Court made the^{followingORDER}

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THE HON'BLE SRI JUSTICE B. VI]AYSEN REDDY

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WRIT PETITION No.3113 of 2022

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ORDER

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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 matter 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 18.02.2022 as modified by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P. No.2985 of 2022 and batch, as such, this writ petition may be disposed of in terms thereof.

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Therefore, following the common order dated 18.02.2022 in W.P. No.328 of 2022 and batch 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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(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.G2/257 /2Ot9 dated 26.08.2020 and 29.72.2020 issued by the respondent - the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.4SlTPlNN4C/2019 dated 01.11.2019 issued by the respondent - the Commissioner, Municipal Corporation,

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Nizampet to the respondent^- the Sub^Registrar, Quthbullapur,^{Ranga Reddy District, and similar} tetters, if any, issued by the^{variousMunlcipal} Commissioners ln 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 202L 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^violationof 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'bleSupreme Courtin} SLP (Civil) No.19695 of 2021.^{To that effect,} an endorsement shall be^{made on the reverse sideoF} the first / second^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}

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in the writ petition shall stand closed. r

SD/.V.KAVITHA

ASSISTANT^REGISTRAR

//TRUE^COPY//

SECTION^OFFICER

'"'6liJ;u;"lf i!.!*o?f #llliili?Hift l:,l;H:*t!s'H[x#: Z Tt"^{Co-*rissionerand lnspector.General otF(€} ' rt/luix"i, nvoerabad Telangana^State

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I i'l':8ti;f i'J'FbF=#[,i"Jxi,"6'IEt;rsrRA,oN, Hish court ror rhe , Efi%J f,3R?Xtti'#Ferabad tourl ! lwo^{cD copies} RAMESH Aovoiate toPUCl /. une spare copy SA 'f -S*

HIGH COURT

DATED:2210212022

ORDER

WP.No.31 13 ol 2022

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¶44

DISPOSING OF THE W.P

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WITHOUT COSTS.

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Mr.Mohd.Khaleel Ahmed v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr.Mohd.Khaleel Ahmed v. The State of Telangana

Case brief

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What did the court decide?

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