Salma Jeelani , Salma Banu Jeelani v. the State of Telangana

Telangana HC23 Mar 2022WP/32180/2021

Case brief

AI extract

What is this about?

Petitioner sought mandamus to register sale deeds for flats in G.M. Jeelani Heights, challenging a memo refusing registration. The High Court dismissed the suit de novo by following a common order, directing registration subject to Supreme Court pending SLP and requiring statutory endorsements regarding land violations.

What did the court decide?

Directed registration of sale deeds without reference to objection memo, subject to Supreme Court outcome, with mandatory caution endorsements.

Salma Jeelani , Salma Banu Jeelani Vs the State of… — Property and Title | Telangana HC (2022)

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HIGH COURT FOR THE^{STATEOF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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WEDNESDAY, THE TWENTY^{THIRD DAY OF I/ARCH} 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: 32180 OF²⁰²¹

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Between:

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SALMA JEELANI @ SALMA^{BANU JEELANI, W/o Khaja Gulam Jeelani, Aged about} 57 years, Occ. Housewife,^{Ft/o H.No.8-'1-22111F, ViratNagar, SevenToms Road,} Tolithowki, Hyderabad.^{Representedby her DGPA Holders. 1. 6HULAMYAZDANI} ALI PASHA, S/o Ghulam Samdhani,^{Aged about53 years, Occ. Business,R/o} MIGH-SO-B, Santosh^{Nagar Colony, Opp. Park,Santoshnagar,Hyderabad2'} I/OHAMMED RAFIQ, S/o Late^{Mohammed Basheer, Aged about 54 years,Occ'} Business, Rl/o H.No.1B-1-3501121 ,^{Yousufian Colony, Phoolbagh, Chandrayangutta,} Bandlaguda, Hyderabad.

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...PETITIONER

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AND

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THE STATE OF^{TELANGANA, Represented by its PrincipalSecretary,} Revenue Department^{Secretariat,Hyderabad.}

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lHE COMMISSIONER^{AND INSPECTOR, General of Registration and} Stamps, Telangana, HYderabad.

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THE DISTRICT REGISTRAR,^{Hyderabad District, Hyderabad'}

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THE SUB-REGISTRAR,^{Banjara Hills' Hyderabad.}

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...RESPONDENTS

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Petition under Article 226 of^{the constitution of lndia prayingthat in the} circumstances stated in^{the affidavit filedtherewith, the High court may be} pleased to issue a writ of Mandamus^{or anyother appropriate writ or writs, order} or orders, declaring the^{action of the Respondent No.4in refusing to receive,} process to register ind release the Sale^{Deedsto be presented by the Petitioner} in respect of | 1 f tat No.401,^{Fourth Floor in G.M.Jeelani Heights, premises No.8-} 1- 4i3lDl11 1 and^113t401 ,^{admeasuring 1415 sft along with Car Parking} admeasuring 100 sft^{togetherwith undivided shareof land admeasuring 31 .5} sq.yds out ot tlq.ZS sq.yds,^{(2) Flat No.402, FourthFloorin G.M'JeelaniHeights,} premises No.8-1-423lD/1 11 and 113t402,^{admeasuring 1465 sft alongwith. car} irarking admeasurrng^{100 sft togetherwithundivided share of landadmeasuring} 32.5 sq.yds out of^{714.35sq.yds,(3) Flat No.501} ,^{Fifth Floor in G M Jeelani} Heights, premises No.8-'1-423lD/1^{1 1 and1 131501 , admeasuring 1415 sft along} with- car Parking admeasuring^{100 sft together with undividedshare of land}

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admeasuring 3'l .5 sq.yds out of 714.35 sq.yds, (4) Flat No.503, Fifth Floor in G.M.Jeelani tleights, premises No.8-1-423lD/1 1 I and I^'131503, admeasuring '1465 sft alon,; with Car Parking admeasuring 100 sft together with undivided share of land ,admeasuring 32.5 sq.yds out oI 714.35 sq.yds and (5) Flat No.504, Fifth Floor in G.M.Jeelani Heights, premises No.8-1-423lD/1 1 1 and 1131504, admeasuring 1 41 5 sft along with Car Parking admeasuring 100 sft together with undivided share of land admeasuring 31.5 sq.yds out of 714.35 sq.yds constructed on House bearing Municipal No.B-1-423lD/1 1 1, and 8-1-4231D1113 on Plot Nos.111 and 113, admeasuring. 714.35 sq.yds or 597.17 sq.mts, situated at Enclave Diamond Hills, Shaikpet, Golconda Mandal, Hyderabad by referring the grounds of Memo No.G2125712019 Dated 26.O8202O issued by the Respondent lrlo.2 as it being illegal, arbitrary unjustified and against to the provisions of law and consequently direct the Respondent No.4 to receive and register the Sale Deeds to be presented by the Petitioner pertaining to the above property theretry to release the same in accordance with law without referring the grounds of Merno No.G2125712019 Dated 26.08.2O2O and pass

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lA NO: 1 OF 2C21

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Petition :nder Section^'15'l CPC praying that in the circumstances stated in the affidavit fil,)d in support of the petition, the High Court may be pleased to DIRECT the Respondent No.4 to receive, process to register and release the Sale Deeds to le presented by the Petitioner in respect of (1) Flat No.401, Fourth Floor in G.lt4,Jeelani Heights, premises No.8-1-4231D1111 & 11314O1, admeasuring 1 415 sft along with Car Parking admeasuring 100 sft together w .h undivided share of land admeasuring 31.5 sq.yds out ol 714.35 sq.yds, (2) Flat No.402, Fourtlr Floor in G.M.Jeelani Heights, premises No.8-1- 4231D1111 & 1131402, adm€asuring 1465 sft along with Car Parking admeasuring 100 sft together with undivided share of land admeasuring 32.5 sq.yds out of 714.35 sq.yds, (3) Flat No.501, Fifth Floor in G.M.Jeelani Heights, premises No.8-14231D1111 & 113/501, admeasuring^'1415 sft along with Car Parking admeasuring '100 sft together with undivided share of land admeasuring 31 .5 sq.yds out of 714.35 sq.yds, r'4) Flat No.503, Fifth Floor in G.M.Jeelani Heights, premises No.B1-4231D1111 & 113/503, admeasuring 1465 sft along with Car Parking admeasuring^{'l ()0} sft together with undivided share of land admeasuring 32.5 sq.yds out of^714.35 sq.yds and (5) Flat No.504, Fifth Floor in G.M.Jeelani Heights, premises No.8-1-423lD/1 11 & 113/504, admeasuring 1415 sft along with Car Parking admeasuring 100 sft together with undivided share of land admeasuring 3'l .5 sq.yds out of 714.35 sq.yds constructed on House bearing Municipal No.8-1-423lD/1 11, and 8-1-4231D1113 on Plot Nos.'t11 &'t13, admeasuring 714.35 sq.yds or 597.17 sq.mts, situated at Enclave Diamond Hills, Shaikpet, Gol<;onda Mandal, Hyderabad without referring the Memo No.G2125712O19, Dated 26.08.2020 issued by the Respondent No.2 thereby to release the sam -. and pass

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Counsel for the Petitioner : SRl. V M M CHARY

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Counsel for the Respondent No. 1 to 4 : GP FOR STAMPS AND REGISTRATION The Court made the following : ORDER

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t I

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.32180 oF 2021

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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 leamed 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 dated22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 of 2022 and batch, and therefore. keeping tlre 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 documenVs. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result olthe writ petition.

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In view of the above, recording the aforesaid submission of the learned counsel on either side, following the common order dated 18.02.2022 in W.P. No.328 of 2022 and batch, as modifred by the order dated 22.02.2022 in l.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 ds to costs:

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(A) If the subject documenVs has/have already been registered and released pursuant to the interirn order;

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(i) the document/s registered by the Sub-Registrar shall be subject to outcome ofSLP (Civil) No.19695 of202l hted by the State Govemment 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

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Lu $-

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Rcgistrar shall makc an endorsement informing/cautioning the purchasers that risk is involved in purchase of such plots; such transactions arc hit by rclevant 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 endorscment shall be madc in the encumbrance record, website etc.

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(B) If the subject docurnent/s is/are not yet registered and released pursuant lo re interim orden

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(i) the respondent - Sub-Registrar is dirccted to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s without refercnce to the Memo Nos.G2l257l2019 daled 26.08.2020 ancl,29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45iTPit\iMC/2019 dated 01.1 1.2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Ranga Rcddy District, and similar lettcrs, 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 thc reverse side of the first page of the document referred in direction No.(i) that registration so done is subject to outcome ofSLP (Civil) No.19695 of 2021 filed by the State Govemment before the Hon'ble Supreme Court; and

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(iii) in case, it is found that there is any violation oflaw 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 Regishar shall make an endorsement informing / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant stafutory 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 thc reversc side of 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 in this

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writ petitron stand closed.

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SD/.PADMANABHA^REDDY -_ASSISTANT REGISTRAR

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Nrs4

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,TRUE COPY' sECTION^OFFICER

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To, 1. The PrinciPal^{Secretary'Revenue Department,STATE OF TELANGANA'} Secretariat,^HYderabad' General^{of Registrationand} ,. ;#";oi;r,,ri'ssrolren^{AND INSPECToR} StamPs,^{Telangana' HYderabad'}

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3. 4. 5. 6. 7. 8.	THEDISTRICT REGISTRAR, Hyderabad District,Hyderabad. THE SUB-REGISTRAR, Banjara Hills, Hyderabad. OneCCtoSRl. VM MCHARY, Advocate [OPUC] TwoCCstoGPFOR STAMPSANDREGISTRATION, High Courtforthe StateofTelangana at Hyderabad.[OUI TwoCD Copies. One SPareCopy.
JM GJP
A.T	}

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I ,

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\ I HIGH COURT DATED | 2310312022

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ORDER

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WP.No. 3,2180 ot 2021

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rHE s tutu--
(
21 sEP 2022

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DISPOSING OF THE WRIT PETITION WITHOUT'COSTS

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1 -t/-
Cil
A.t\A

Salma Jeelani , Salma Banu Jeelani v. the State of Telangana

Case brief

What is this about?

What did the court decide?

Salma Jeelani , Salma Banu Jeelani v. the State of Telangana

Case brief

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