Disposed

Sahabzada Dastagir Ali Khan v. State of Telangana and 3 others

Telangana HC7 Mar 2022WP/453/2022

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition for registration of documents as per the common order in W.P. No.328 of 2022. It directed the Sub-Registrar to register sale documents without reference to the Memo No. G212572019, subject to the outcome of a Supreme Court SLP and with specific endorsements regarding FTL lands if violated.

What did the court decide?

The Sub-Registrar is directed to register sale/transfer documents without reference to Memo No. G212572019 and ensure specific endorsements regarding FTL/Buffer Zone violations are made.

Sahabzada Dastagir Ali Khan Vs State of Telangana… — Writ and Judicial Review | Telangana HC (2022)

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COURT FOR THE STATE ( ( s p; ; ; i b,ff ,t5 :t ii""f}fl^ArH YD E RA BA D

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MARCH ,THE SE rw o r i-i o u-s"n ?.i,". fti#f#S^-

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^r'oEi[B

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRI TPE TITION NO:4530F 2022

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Between:

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ff"f,":;ffii'['{;lruHJ,,,i;rT#"1ffi #ffi rfrii$;,la:fJ.lilin

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AND

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...PETITIONER

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;ftiffifrtr,,;tiif :1:idr:irla{,1i}ffi^{i::::'ff ::T;:",^,} Revenue (Resistration and stamps) Department,

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.* : 5!!"::ist$:Prfi',,.

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A ffi i:,:?,ff^{tl',)!Ti"T:l"Bl{?(Res iskationa nd} Stamps) Depa rtment. s Ro,

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...RESPONDENTS

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petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therevr pleased to issue a writ, order or direction ,"r" ,"'rllr,lr, :,|nJ ffT.l:L:; writ of Mandamus decraring the action of the respondents more particurarry the 4th respondent in refusing to receive and register the documents presented by the petitioner in respect of land bearing plot No.3, admeasuring 700 sq. yards, under sy'No 97' situated at shaikpet Village and l,4andar, Hyderabad District, on the ground of Memo No G2l2571201g dated.26.08.2020 issued by the 2nd respondent, as illegal, arbitrary, unjust, unconstitutional, violation o,0r,".,0,". or rr,;;;.;"" and arso contrary to the provisions of Registration Act, 1g0g. and set aside the same' and consequenry direct the respondents 3 and 4 to register and rerease the documents presented by the petitioner in respect of subject plot without reference to the ,vlemo No G2r257t2019 dated.26.08.2020 issued by the 2nd respondent.

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ilzll

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NO:^{1oF 20}

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petition under section^{151 cpc praying that in the circumstances statedin} the affidavit^{filed in support of the petition' the HighCourt may be pleasedto direct} the respondents^{3'd and 4th to receive' register} '"0 :':":: l^" ::::::t' presented^{by the petitlonerin respect of land bearing Plot No'3'admeasurtng} 7OO sq.^{yards, under Sy'No'97' situated at ShaikpetVillageand ltlandal'} Hyderabad^{District, without referencetothe MemoNo'G2125712019} dated.26.08.2020^{issued by the 2nd respondent, pending disposalof the writ} petition.

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Gounsel^{for the Petitioner(s):SRl'MOHDMOINAHMED QUADRI}

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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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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.453 OF 2022

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oRpER (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 ar,.d} 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.2985of 2022 and batch, and} therefore, keeping the^{matter pendingwill 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 of the writ} petition.

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In view of the above, recording the atbresaid submission of the leamed counsel on either 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, 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 outcolne of SLp (Civil) No.19695 of 2021 filed by the State Government 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 Zone /^plots having less than 30 feet road width access, the Sub 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

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! I

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endorsement shall be made in the encumbrance

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record, website etc.

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(B) If the subject document/s is/are not yet registered and^released

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pursuant to the interim order;

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(i) the respondent - Sub-Registrar is directed to register the docurnent of sale, transfer^{and gilt etc', presentedfor} registration by the^{petitioner/swithout referenceto the} Memo Nos.G2l257 I 20 19 dated^{26.08.2020 and 29.12.2020} issued by the respondent - the^{Commissionerand} Inspector General of Registration^{and Starnps,Telanglna;} Letter No.45/TPNMC/2019^{dated 01.11.2019 issuedbv} the respondent - the^{Comrnissioner,Municipal} Corporation, Nizampet^{to the respondent-the Sub} Registrar, Quthbutlapur,^{Ranga ReddyDistrict,and similar} letters, 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 the^{reverseside of the frrst 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 Govemment} before the 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 / structuresbeing sold form part}

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of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub 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 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, pending

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in this writ petition stand closed.

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SD/.T.SRINIVAS
ASSISTANT REGISTRAR
eao
,TRUE COPYII
SECTION OFFICER
To, 1. The Principal Secretary. Revenue (Registration and Stamps) Department,
State of Telangana, Secretariat, Hyderabad.
2. The Commissioner and lnspector General of Registration and Stamps,
Telangana, Hyderabad.
3. The District Registrar, Revenue (Registration and Stamps) Department,
Hyderabad District.
4. The Sub Registrar, Revenue (Registration and Stamps) Department. SRO,
Banjarahills, Hyderabad District.
5. One CC to SRl. MOHD MOIN AHMED QUADRI Advocate [OPUC]
6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.
lourl
7. Two CD Copies
8. One Spare Copy
VAK <br>BS N\ f.r'-
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