Disposed

Smt. Hafeezunnisa Begum v. The State of Telangana and 3 others

Telangana HC14 Mar 2022WP/32795/2021

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition relying on a common order from a batch of W.P. No. 328 of 2022. The Court directed the Sub-Registrar to register documents pending before them, subject to the outcome of a Supreme Court SLP, and mandated endorsements cautioning purchasers about potential statutory violations.

What did the court decide?

Petition disposed of in terms of common order; Sub-Registrar directed to register documents with specific endorsements cautioning about Supreme Court ruling.

Smt. Hafeezunnisa Begum Vs The State of Telangana and 3… — Property and Title | Telangana HC (2022)

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

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MONDAY, THE FOURTEENTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRIJUSTICE B.VIJAYSEN REDDY

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WR|T PETITION NO: 32795 OF 2021

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Betwee n:

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Smt. Hafeezunnisa Bequm, W/o Mohammed^{Azam tt/ohiuddinSufi, Aged} about 70^years, Occl Household, F/o H.No.19-2-3691182,200^SRT, Chandulal Baradari, Bahadurpura, Hyderabad

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary Revenue^Department, Secretariat, Hyderabad

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The lnspector General Stamps and Registration,lt\oazzam^{Jahi Market,} Hyderabad, T.S.

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Greater Hyderabad Municipal Corporation, Rep by its Commissioner,^Tank Bund Road, Hyderabad

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The Sub Registrar, Doodh Bowli, Hyderabad, Telangana State

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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 any Writ, order or direction more particularly one in the nature of WRIT OF IVANDAMUS declaring the action of the Respondent No.4 not receiving, registering and releasing the documents in favour of the prospective purchasers produced by the Petitioner, basing on the Memo issued by the Respondent No.2 vide No.G2l25712019 dated 26-08-2020, and Amended l/emo No.G2l25712015 dated 29-12-2020, for Flat Nos.302, 402, 502, bearing H.No.19-2-3691182,200 SRT, situated at Chandulal Baradari, Bahadurpura, Hyderabad, Telangana State, inspite of Order dated 23-08-2021 passed by this Honble Court in WP.No.924Bl2021 is illegal, arbitrary and violation of articles 14,21 and 300-4 of Constitution of lndia also against the principles of natural^justice and consequently direct the Respondent No.4 to receive, register and release the Document in

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favour of^{the prospective purchasers produced by the Petitioner for Flat Nos'302'} 4O2, 5O2,^{bearing H'No19-2-369t182' 2OOSRT' situatedat Chandulal Baradari'} Bahadurpura,^{Hyderabad' Telangana State'}

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IA O:1 F2021

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petition under section^{151 cpc prayingthat in the circumstances statedin} the affidavit^{filedin support of the petition' the HighCourt may be pleasedto direct} the Respondent^{No 4 to receive'registerand release the Document in favour of} the^{prospective purchasers produced by the Petitioner for Flat Nos 302'402' 502'} bearing^{H.No.'19-2-369/182'200 SRT' situated atChandulal Baradari'} Bahadurpura,^{Hyderabad, TeranganaState, pending disposal of the writ Petition'}

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Counsel^{for the Petitioner:SRI M' A' K' MUKHEED}

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Counsel^{for the Respondent Nos'1'2 & 4: AGP FORREVENUE}

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REDDY' counselfor^{the RespondentNo'} '' 33'I#[fiil,](RlsHNA

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The Court^{made the following: ORDER}

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\ !

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\ \

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HONOURABLE SRI JUSTICE B. VIJAYSEN RTDDY WRIT PETITION No .32795 0F 2021

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ORDER (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 Cour1 in W.P.N.o.328 of 2022 and batch dated 18.02.2022, as rnodified by the order dated 22.02.2022 in I.A.No.2 of 2022 in W.p.No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serue any purposeJ as such, the same may be disposed of in ten-ns thereof.

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This Court passed interirn order in this writ petition directing the respondents to receive, process, register and release the subject document/s. 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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4, In view of the above, recording the aforesaid subrnission of the leamed counsel on either side, following the cornmon order dated 18.02.2022 in W.P. No.328 of 2022 and batch, as rnodified by the order dated 22.02.2022 in l.A. No.2 of 2022 in W.p.No.2985 of 2022, in tenns 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 document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.l 9695 of 2021 filed by the State Govemment before the Hon'ble Supreme Couft; and

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(ii) in case, it is found that there is any violation of law like plots/lands/structures being sold fonn 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 infonning/cautioningthe} ffirt".r-^{iL", risk is involvedin purchaseof such plots; such} tfansactions^{are hit by relevant statutoiy provisions;tliat registration} of the same^{is subjectto outcome of ordersof the Hon'ble Suprerne} C"r.t i,^{SLP (bivi1)No'i9695 of 2021'To that effect'an} endorsement^{shailbe made in the encumbrancerecord' website etc'}

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(B) Il the subiect^{documenVsis/are not yet registeredand released}

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pursuant to the^{interim order;}

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(i) the respondent^{- Sub-Registrar is directed to register the} document ofsale,^{transferand gift etc} '^{presentedfor registrationby} to the Merno^{Nos G2l257l20t 9} the petitioner/s^t'ithout '"ftt"n"e dated26.08,202'0and2g.l2.2O20issuedbytlrerespondenrthe Commissioner^{and lnspector Generalof Registration} lld ^St.amps: Telangana;^{r-"tt., No isnpiNMc/2o1gdated0l l 1'2019issucd} by the^{rcspondent-theCommissioner'MunicipalCorpLrration'} Nizampet^{to the respondcnt-tlieSub Registrar'Quthbullapur' Ranga} Reddy District,^{and simitar letters' if any'issuedby the various} Municipal^{Commissioners in theState;}

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(ii) the Sub Registrars^{in the State shallmakean endorscment at the} reverse side otihe^{first page of the documentrefenedin direction} No.(i)^{that t"gi'iiution to don" i subjectto outcome of SLI' (Civil)} No.19695 of^{zOzintea Uy the StateGovemment befbre the Hon'ble} SuPreme^Court;and

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(iii) in case, it^{is found that there is anyviolationof law like plots/} lands / structures^{being soldform partof F'T L' and Buffer Zone/} plots having less thanio feet road^{widthaccess,the Sub l{egistrar} shallmakearendors"mentinforming/cautioningthepurchasers that risk is^{involved in purchase of such plots; such transactions are} hit by relevani^{starutory provisions;,thatregistrationof the same- is} subject to out;;^{of otd"tt of the Hon'ble SupremeCoufi in SLP} (civil) No.iq69l^of)ozt '^{To that effect'an endorsementshallbe} madeonthereversesideofthefirst/secondpageofthedocument and aiso^{in the encumbrancerecord' website etc'}

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As a sequel^{thereto, miscellaneous petitions'if any' pending in this}

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writ pelition^standclosed

To,

SD/.K.ONESIM ISTRAR ASSISTANT ,TRUE^COPY// SECTI o FFICER

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