Allowed

Ma Rahman Khalid v. The State of Telangana

Telangana HC2 Mar 2022WP/4451/2022

Case brief

AI extract

What is this about?

The High Court directed the Sub-Registrar to register the petitioner's sale deeds for three floors of premises in Hyderabad without reference to specific departmental memos, subject to the outcome of a pending Supreme Court appeal regarding FTL status and statutory violations, and mandated specific caution endorsements.

What did the court decide?

Directed to register sale deeds subject to outcome of SLP No. 19695 of 2021; mandated caution endorsements on documents regarding FTL, buffer zones, or road width violations.

Ma Rahman Khalid Vs The State of Telangana — Property and Title | Telangana HC (2022)

¶1

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

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WEDNESDAY ,THE SECOND^{DAY OF IUARCH} 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^N O:4451^{OF 2022}

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Between:

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IUA Rahman Khalid,^{S/o.Mohd.Raheemuddin'Aged about 72} .yeats, Occ.Business, R/o.Flat^{No-103, H.No.10-3-290/8, Skill Estate, Humayun Nagar'} 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 (Stamps} and Registration) department,^{Secretariat Buildings, Hyderabad}

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2 The Commissioner^{and lnspector General Of Registralion and Stamps,} Telangana State

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3 The Sub-Registrar, Golconda,^Hyderabad

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4 The Greater Hyderabad Municipal^{Corporation,Tank Bund, Hyderabad}

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.RESPONDENTS

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Petition under Article²²⁶ of^{lhe constitutionof lndia praying that in the} circumstances stated in the^{affidavitfiledtherewith,the High courtmay be} pleased to issue Writ, Order or Direction^{more particularly one in the nature of} Writ of tVlandamus declaring^{the action of the 3rd respondent herein refusing to} receive, register and^{release the sale Deeds presented by the petitionerin} respect of Ground^{Floor is an extent of 2200 sq.ft,First Floor is an extent of} 2200 sq.ft and second^{Floor is an extent of 2200 sq.ft is an extent of 361} sq.yards constructed in^{premises MCH.No.12-2-389/A/87,on PlotNo.B7situated} at Gudimalkapur, Hyderabad^{on the ground that the proceeding No. G2125712015} daled 2610812020^{lssued by the 2nd respondentis wholly illegal, arbitraryand} contrary to the^{provisions of the RegistrationAct and consequentlydirect the 3rd} respondent herein to^{receive, register and release the Sale Deedspresented by} the^petitioner in^{respectof Ground Floor is an extent oI 2200 Sq.ft, First Floor is}

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an extent of 2200 Sq.ft and Second Floor is an extent of 2200 sq.ft rs an extent of 361 sq.yards constructed in premises MCH. No. r 2-2-3g9lA/87, on plot No.87 situated at Gudimalkapur, Hyderabad

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lA NO: 1 o F 2022

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct 3rd respondent herein to receive, register and rerease the Sare Deeds presented by the petitioner in respect of Ground Froor is an extent of 22oo sq.ft. First Froor is an extent of 22oo Sq.ft and second Froor is an extent of 2200 sq.ft is an extent of 361 Sq.yards constructed in premises MCH. No.12-2-389/4/87, on Prot No'87 situated at Gudimarkapur, Hyderabad without referring to the Memo No G2l2s7r2019 dated 26-0g-2020 issued by the 2nd respondent herein pending disposal of Writ petition.

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Counset for the petitioner: SRl. I V RADHAKRISHNA MURTHY

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Counsel for the Respondents: Gp FOR REVENUE (TG)

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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W.P.No.4 45L 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 datecl 18.02.2022 in W.P. No.328 of 2022 and batch as modifierl by the order dated 22.O2.2O22 in LA. No.2 of 2022 in W.p. No.29B5 ol 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 references to the Memo Nos.G2/2ST /2019 dated

¶29

¶30

26.O8.2O2O and 29.12.2O'2O issued bv the respondent tltc Contnrissioner and lnspector Gcneral of Rcgistration and Stamps,'lelangana; Letter No.45/'fP/NMC/2019 dated 01.11.2019 issued bl' the respondent the Commissioner, Municipal Corporation, Nizampet to the respondent - the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipa-l Commissioners in the State;

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(ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the lirst page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 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 violation of law likc plots / lands / structures being sold form part of F.T.L. and Buffer Zone / Plots having less than 30 ltet roa(i \'idth access, the Sub Registrar shall marke an er'rdorsemenl inlbrrning / cautioning the purchasers that risk is involvcd in purchasc of sllch plots; such transactions are hit by relevant statutory provisions; that registration of the same is subject to outcome o[ orclers of the 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 of the document and also in the encumbrance record. website etc.

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As a sequel thereto, miscellaneous petitions, if any,

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pending in these writ petitions stand closed.

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SD/.K.AMMAJI

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ASSISTANT REGISTRAR /iTRUE COPY// CN, SECTION OFFICER

¶37

To,

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'l . The Principal Secretary, Revenue (Stamps and Registration) Department ,State^{of Telangana, SecretariatBuildings, Hyderabad}

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The Commissioner and lnspector General Of Registration and Stamps, Telangana State

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The Sub-Registrar, Golconda, Hyderabad

i,'i

The Greater Hyderabad Municipal Corporatioir, Tank Bund, Hyderabad

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One CC to SRl. I V RADHAKRTSHNA IMURTHy Advocate [OPUC]

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Two CCs to GP FOR REVENUE (TG) ,High Court for the State of Telangana. louTl

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7 . Two CD Copies

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B. One Spare Copy

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IV[,4A

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MMA

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'r,.u

HIGH COURT

DATED:0210312022

..-

ORDER

WP.No.4451 of²⁰²²

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¶60

DISPOSING OF THE^{WRIT PETITION} WITHOUT COSTS

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Ma Rahman Khalid v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Ma Rahman Khalid v. The State of Telangana

Case brief

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What did the court decide?

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