Disposed

Mohammed Hussain v. The State of Telangana

Telangana HC15 Mar 2022WP/3326/2022

Case brief

AI extract

What is this about?

The Court disposed of writ petition challenging non-registration of open plots by the Sub-Registrar. It directed registration without references to the restrictive Memo but required endorsements cautioning buyers regarding pending Supreme Court proceedings and statutory violations.

What did the court decide?

Directed Sub-Registrar to register documents without references to the Memo, subject to outcome of Supreme Court SLP (Civil) No.19695 of 2021, with mandatory endorsements cautioning buyers.

Mohammed Hussain Vs The State of Telangana — 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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TUESDAY ,THE FIFTEENTH^{DAY OF I\IARCH} 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 :3326 OF 2022

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Between:

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It4ohammed Hussain, Sio^lVohammed FAkeer Pasha Aged about 46 Years, Occ: Business R/o^{H.No.1B-10-76/4,} Barkas, Chand rayangutta,^{Hydera bad.} Telangana^-500 005.

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...PETITIONER

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AND

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The State of Telangana,^{Rep.by its Principal Secretary.Revenue ( Stamps} and Registration ) 6epartment,'secretariat^{Buildings, HyderabadT.S.}

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The Commissioner and^{lnspector General of Registration and Stamps,} Telangana, Hyderabad.

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The Sub Registrar,^{Shadnagar, (SRO} )^{Ranga Reddy district.}

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...RESPONDENTS

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Petition under Article 226 of^{the constitutionof lndiapraying that in the} circumstances staled in the^{affidavitfiled therewith,the High court may be} pleased to issue any writ, order or direction^{more particularlyone in the nature of} writ of IVandamus declaring^{the action of the respondents No.3 in not receiving,} processing, registering and reteasing^{the documents presented by the petitioner} in respect of Open Plots^{bearing Nos. 14, 19,28,361P' 42' 43'521P'61, 82' 83'} 91 , 92, 93, 123 total^{admeasuring 2039.6 Square yards or 1705.37 Square} [,4eters, in sy.Nos. 110,1151A^{and 116/44 situated at lnmulnarvaVillageand} Grampanchayath, Kothur^{lr/andal, RangaReddy District in view of the lvlemo} No.G2l257l2Q19 dated^{26tBl2O2O and 29t1212020passedby the 2nd respondent} as being illegal, arbitrary,^{violative of articlesol 14,21 and 300-4of constitution} of lndia, besides violative of^{principles of natural justice and contrary to the} Registration Act, 1908^{and also in violation of the orders passed by the Division} bench of this Honorable^{court in writ PetitionNo. 9248 of 2021and}

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consequently direct the 3rd respondent to receive, process, register and release the sale deed in respect of Open Plots bearing Nos. 14, 19, 28, 361P, 42, 43, 521P,61 ,82,83,91 ,92,93, 123 total admeasuring 2039.6 Square yards or 1705.37 Square l/eters, in Sy.Nos. 110, 115/A and 116/,44 situated at lnmulnarva Village and Grampanchayath, Kothur l,4andal, Ranga Reddy District notwithstanding the Memo issued by the 2nd respondent.

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lA NO: 1 OF 2022

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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 3rd respondent to receive, process, register and release the sale deed in respectof Open Plots bearing Nos. 14, 19,28,361P,42,43,521p,61,82,83, 91 ,92,93, 123 total admeasuring 2039.6 Square yards or 1705.37 Square lVeters, in Sy.Nos. 110, 1151A and 116/44 situated at lnmulnarva Village and Grampanchayath, Kothur Mandal, Ranga Reddy District notwithstanding the lVemo issued by the 2nd respondent.

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Counsel for the Petitioner : SRl. AKKAM ESHWAR

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Counsel for the Respondents : AGP FOR REVENUE

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The Court made the following : ORDER

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I{ONOURABI,E SRI .IUSTICE B. VI.IAYSEN REI)DY

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WRIT PETITION No.3326 OF 2022

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ORDER:

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Ijeard both sides ancl perused the material on record.

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It is submitted by the lcarned counsel on either side that subject matter of this Writ Petition is squarely covered by the Cornmon Order^passed by this Couft 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, fbllowing the Common Order dated 18.02.2022 in W.P.No.328 ol 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 ofas 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 references to the lvlemo Nos.G2125712019 dated 26.08.2020 and 29.12.2020 issued by the respondent - the Commissioner and lnspector General of Registration and Stamps,^Telanganat Letter No.4SlTPlNIt/C/2019 dated 01 .1^{1 .2019} issued by the respondent - the Commissioner, lvlunicipal 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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)

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(ii) the Sub^{Registrarsin the Stateshall makean} endorsement^{at the reverseside of the firstpage of} the document^{referred in drrectionNo (i) that} registration^{so done is subjectto outcomeof SLP} (Civil) No^{1969 5 of2021filed by the State} Government^{before the Hon'ble SupremeCourt;} and

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(iii) in case,^{it is found that there is any violation of} law like^{plots / lands/ structuresbeing sold form} part of F.T.L. and^{Buffer Zone / Plots havingless} than 30^{feet road width access' the Sub Registrar} shall make^{an endorsement informing / cautioning} the^{purchasersthat risk is involvedin purchase of} such^{plots;such transactionsare hit by relevant} statutory^{provisions: thatregistration of the same is} subject to^{outcomeof ordersof the Hon'ble} Supreme^{Court in SLP (Civil)No '19695 ot 2021'} To that effect,^{an endorsementshall be madeon} the reverse^{side of the first / second page of the} document^{and also in the encumbrance record'} website etc

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The miscellaneous^{petitionsperrding, ifany, shallstand closcd.}

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There shall^{bc r.ro oLderas to costs}

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To,

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^,:35lii1'#t\3,',-'^'l //TRUE^COPY, sEcrloN^o?rrdie

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1 The Principal^{Secretary'Revenue ( Stamps'and-Registration) Department} Sra^{m ps} , JLi;..-; E,tro i n g. siII^"ijg!: :l"J;,:fl:.l^:, "d , The Commissioner^ano district -' Tetangana, Hyg-"_1'b"11o"roar, (SRo ) Ranga [eddv

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iffi^{'#$."'##ru;';[Hl,':""",1n3fi331,,"",reransanaat} HYderabad^[OUTI'

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