Dismissed

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

Telangana HC4 Mar 2022WP/614/2022

Case brief

AI extract

What is this about?

The High Court at Hyderabad disposed of a writ petition challenging the refusal of a Sub Registrar to register documents due to land regulations. The court directed registration of documents pending the outcome of a Supreme Court special leave petition, requiring specific endorsements in records and copies.

What did the court decide?

The respondent Sub Registrar is directed to register documents pending the outcome of SLP (Civil) No. 19695 of 2021 before the Hon'ble Supreme Court, with necessary endorsements.

Sahabzada Dastagir Ali Khan Vs State… — Constitutional and Fundamental Rights | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF^{TELANGANA AT HYDERABAD}

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(Special Original Jurisdiction)

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FRIDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTYTWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN^REDDY

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WRIT PETITI ON NO:614 oF 2022

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Between:

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Sahabzada Dastagir Ali Khan, S/o.late^{Mir KhudtatAli Khan, aged about56} vears, Occ. Busine-ss,^{Rl/o. H. No.8-1 58/3, Chola Bazar, Mohammadia Naga r,} bolconda, Hyderabad..rep. by his^{regd. GPA Holder Mohd. Akheel Ahmed} S/o.late Khaja Moinuddin.

...PETlrloNER

AND

State of Telangana, rep. by its Principal Secretary,^{Revenue (Registrationand} Stamps) 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, Revenue^{(Registration} and^{Stamps) Department,} Hyderabad District.

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The Sub Registrar, Revenue^{(Registration} and Stamps)^{Department,SRO,} Banjarahills, Hyderabad District.

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of^{lndiapraying that in the} circumstances stated in the affidavit filed therewith, the^{High Coud may be} pleased t6 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more^{particularly the} 4th respondent in refus,ing to receiVe and register the documents^presentedby the petitioner in respect of land bearing Plot No.6, admeasuring 700^{sq. yards,} under Sy.No.97, situated at Shaikpet Village and Mandal, Hyderabad District, on the^ground of Memo No.G2125712019 dated.26/08/2020 issued by the^2nd respondent, as illegal, arbitrary, unjust, unconstitutional, violatiori of^principlesof natural^justice and also contrary to the^provisions of Registration Act, 1908, and set aside the same, and consequently direct the respondents 3 and 4 to register and release the documents^presented by the^petitioner in^respect of^{subject plots}

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without reference to the Memo No.G2125712019^{dated.26/08/2020 issued by the} 2nd respondent.

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IANO: 1OF2 22

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Petition under Section 151 CPC^{prayingthat'in the circumstances statedin} the affidavit filed in support of the^{petition,the High Court may be pleasedto} direct the respondents 3 and 4 to^{receive,register and release the documents} presented by the petitioner in respect of land bearing Plot No.6, admeasuring⁷⁰⁰ sq. yards, under Sy.No.97, situated^{at Shaikpet Villageand Mandal, Hyderabad} District, without reference to the lVlemo^{No.G2125712019 dated.26108/2020issued} by the 2nd respondent,^pending disposal of^{the writ petition.}

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Counsel for the Petitioner:SRl. MOHD.MOIN^AHMED QUADRI

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Counsel for the Respondents: AGP FOR^REVENUE

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The Cour.t made the following: ORDER

L
f

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.614 OF 2 022

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oR.pER(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 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 pendingwill not serve} any purpose! as such, the satne may^be disposed ol^{in tenrs thereoi}

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This Court passed interim order in this writ^{petition directingthe} respondents to receive, process, register and release the^{subject doculllentis.} However, conditions were imposed that^(a) the^{petitioner/sis/are not} perrnitted 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 either side, following the common^orderdated 18.02.2022 in W.P.No.328 of 2022 and batch, as^{modifiedby the order} dated 22.02,2022 in I.A.No.2 of 2022 in W.P.No.2985^{of 2022,in terms} thereoi this writ petition is disposed of as under,^{without any orderas 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 documenVs registered by the Sub-Registrar shall be subJect to outcome of SLP^(Civil) No,19695 of^{2021filed by} the State Government before the Hon'ble Supreme^Court; and

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(ii) in case, it rs 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^roadwidth access, the Sub Registrar shall make an^endorsement

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informing/cautioning^{the purchasersthat risk is involvedin} purchas6 of such^piots; 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 oI 2021^{To that effect, an endorsement}

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inall be maoe^{in the encumbrance record,website etc'}

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(B) Il ttre subject document/s^{is/are not yet registeredand releasecl}

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pursuant to the interitn^order;

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(i) the respondent -^{Sub-Registraris directedto register the} document of sale,^{transfer and gift etc} '^presentedfor registration by the^{petitioner/swithoulreferenceto the} MJmo Nos.G2l25712019 dated^{26'08 2020and 29 '12'2O2C} issued by the respondent-the^{Commissionerand lnspector} General of Registration^{and Stamps,Telangana:} Letter No.45/TP/NMC/2019^{dated0'1 1'1 2019 issued by the} respondent-the^{Commissioner,Municipal Corporation'} Nizampet to the^{respondent-theSub Registrar'} Quthbullapur, Ranga^{Reddy District,and similar letters'if} any, issued by the^{various Municipal Commissionersin the} State;

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(ii) the Sub Registrars in the^State -shall^{make an} endorsement at^{the reverse side of the first page of the} document referred^{in directionNo'(i) thatregistration 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/structures being sold^{form-partof FTL' and} 'Buffer ZonelPlots having less than 30 feet road width access, the Sub^{Registrarshall make an endorsement} informing/cautioning the^{purchasersthat risk is involvedin} purchas6 of such^piots; such^{transactionsare 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 eflect, an endorsement} shall be made on the^{reverse side of thefirsVsecond page} of the document and^{also in the encumbrancerecord'} website etc.

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As a sequel thereto,^{miscellaneouspetitiorls,if any, pending in this}

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writ petition stand closed.

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SD/.B.SATYAVATHI ASSISTANT^REGISTRAR

,TRUE^COPY//

secrroJorncen

To,

The Principal^{Secretary, Revenue (Registration and Stamps) Department'} ' Sili" of Telangana, S66retariat' Hyderabad'

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The commissioner^{and lnspector General, of Registration and stamps'}

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Telangana, HYderabad'

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The District^{Registrar, Revenue (Registration and Stamps) Department'} HYderabad^District'

G*l"'',

.-a

,//

I /

The Sub Reqistrar,^{Revenue (Registration and Stamps) Department,SRo,} Banjarahills,-Hyderabad^District'

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s. One CC to SRl.^{MOHD'MOIN AHMED QUADRI,Advocate [OPUC]}

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6.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana. touTl

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Two CD CoPies.

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B. One Spare^CoPY.

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HIGH COURT

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DATED:0410312022

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ORDER

WP.No.614 of 2022

DISPOSING OF THE WP.

WITHOUT COSTS.

v, ;\o

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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