Disposed

Md.Majeed v. The State of Telangana and 3 others

Telangana HC24 Mar 2022WP/32242/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed under Article 226 and Section 151 CPC regarding the refusal to register a Sale Deed. The Court followed a common order in a batch matter, directing the Sub-Registrar to register the document without reference to certain internal Memos, subject to future Supreme Court outcomes on FTL and Buffer Zone violations.

What did the court decide?

Directed the Sub-Registrar to register the Sale Deed without reference to specified Memos, subject to Supreme Court outcome, and to make risk endorsements if statutory violations are found.

Md.Majeed Vs The State of Telangana and 3 others — Property and Title | Telangana HC (2022)

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IGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY,THE TWENry FOURTH 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 PET|T|ON NO: 32242 OF 2021

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Between:

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[t1t{,tvtqlge!, _S4q^{L]ate Md.lsmait, AgeQ about 51 years,} Occ. Business, R/o H.No.8-7-9'1P. No.2s, rmagine Estatei, ord Bowenpaily, sdcu-noera-bao s-oo-orr,

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...PETITIONER

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AND

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The Staie ofTelangana, Represented by its principal Secretary, Revenue Department Secretariat, Hyderabad.

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The Commissioner And lnspector General of Registration and Stamps, Telangana, Hyderabad.

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The District Registrar, Medchal-MalkajgiriDistrict,

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The Sub-Registrar, BalanagarMandal, Medchal-MalkajgiriDistrict,

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..,RESPONDENTS

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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 High-Court may be pleased to issue a writ, order or direction and more particularly one in the niture of writ of Mandamus declaring the action of the 4threspondentin refusing to recelvel process to register and release the Sale Deed 2S-11-2021 presented by the Petitioner in respect of FIat No.501 admeasuring 134osft (including common areas) along with car Parking admeasuring 100 sft tiogether wiih undivided share of land admeasuring 35sq.yds out of 507sq.yds on the Fifth Floor in MALIK AVENUE in Plot No. 19 in Sy. NO.s. 90 and 3, bearing munlcipal no. B-7-102(Old no. 5-19), Situated at Balaji Enclave, Old Bowenpally (v), BalanagarMandal, Medchal-Malkajgiri District, Telanganaas illegal arbitrary, u nconstitutiona I and contrary to the provisions of the Registration Act, 1908 and consequently direct the respondents to receive, process to register and release the Sale Deed without referring the Memo No.G2l257/2019, Dated 29.12.2020.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to.receive, process to register and release the Sale Deed

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presented by the Petitioner in respect of of Flat No.501 admeasuring 1340sft (including common areas) along with car parking admeasuring '100 sfi together w'th undivided share of .land admeasuring 3ssq.yds out of 507 sq.yds on th; Fifth Floor in 'MALIK AVENUE' in Plot No. 19 in sy. No.s. 90 & 3, bearing municipal no. 8-7-1 02(Old no. 5-19), Situated at Bataji Enclave, Old Bows ally (v), BalanagarMandal, Medchal-Malkajgiri District, Telanganapending the aisposai of the above writ petition.

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Counsel for the Petitioner:SRl. V M M CHARY

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Counsel forthe Respondents 1 to 4: AGp FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.32242 OF 2021

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IU)BR (ORAL):

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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 the matter^{pending will not serve} any purpose, as such, the same may be disposed ofⁱⁿ 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 of the writ petition.

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In view of the above, recording the aforesaid submission of^the learned counsel on eithdr side, 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 1.A. No.2 of 2022 in W.P.No.2985^{of 2022, in terms} thereof, this writ petition is disposed of as under,^{withoutany order as to} costs:

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

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(i) the document/s registered by the Sub-Registrar shall be subject to outcome of SLP^(Civil) No.19695 of^{2021filed by the StateGovernment} 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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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 in the encumbrance record. website etc.

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(B) If the subject document/s is/are not yet registered and released pursuant to the interirn order;

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(D the respondent - Sub-Registrar is directed to rcgister the document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2l257l2019 dated 26.08.2020 and, 29.12.2020 issued by the respondenGthe Comrnissioner and lnspector General of Registration and Starnps, Telangana; Letter No.45ITP/NMC/2019 dated 0l.l 1.2019 issued by the respondent-the Cornmissioner, Municipal Corporation, Nizampet to the respondent+he Sub Registrar, euthbullapur, Ranga Reddy District, and sirnilar letters, if any, issued by the various Munrcipal Commissioners in the State;

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(ii) the.Sub Registrars in the State shall make an endorsement at the rcverse side of the first page of the documcnt referred in direction No.(i) that registration so done is subject to outcome of SLp (Civil) No.19695 of202l filed by the Stare Government beforc thc 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 Zone / Plots having less than 30 feet road width access, tlie Sub Regrstrar 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 sanre is subject to outcome of orders ofthe 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 first / second page olthe 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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writ petition stand closed.

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SD/.K.SAILESHI ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To, '1 . The Principal Secretary, Revenue Department ,State^{of Telangana'Secretariat'} Hvderabad. z iriJt[r]iis.ioner And^{lnspeclor General of Registration and Stamps, Telangana,} Hvderabad, ^ 3. The District^{Registrar, Medchal-MalkajgiriDistrict,} - , i in" 5uo-neoisirar. Bilanaqarlr/andal,^{lvledchal-MalkajgiriDistrict,} s. one CC to sRl. v^{M M CHARY Advocate} [OPUC] O. i*o CCiio^{GP FOR REVENUE,High Court for the State of Telangana at} Hvderabad. [OUT] 7. Trivo CD^Copies. 8. One Spare^CoPY. GMN +

HIGH COURT

DATED:2410312022

ORDER

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WP.No.32242 ot 2021

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