WP/46712/2022 of Sadhineni Mahendra Rao Vs The State of Telangana on 30 December 2022

ORDER:

Heard learned counsel for the petitioners and learnedAssistant Government Pleader for Stamps and Registration appearingfor the respondents.

2. This Writ Petition is hled seeking to declare the action ofrespondent No.3 in refusing to receive, register and release thedocuments presented by the petitioners in respect of an approvedlayout bearing plot Nos.1, 2, 3, 4, 5, 6, 7,8, 9, lO, 11, 12, 13, 14, 15,16, 17,la, i9, 20 and 21 in Survey Nos. 191, I93, 194 part, situatedat Sri Laxminagar, Pathagutta, Datharpally Village, YadagiriguttaMandal, Nalgonda District, basing on the Memo bearingNo.G2l257 12019 dated 26.08.2020 ar,d 29.12.2020 issued byrespondent No.2, under the provisions of prohibition of registrationof unauthorized plots and buildings, as arbitrary and illegal.

3. It is the specihc contention of learned counsel for thepetitioners that the above referred Memo has no application to theplots situated in an approved layout and the sarne was also clariliedby a Division Bench of this Court in W.P (PIL) [No.2l0 ][of ]2O2O, [dabd]28.07 .2021. The relevant [portion ]of the [said ][judgment ][reads ][as]under:

"Count( r a:ficlavit has bccn filc(l bv thc respondent Nos. I and 2 statingtier alia t:iat pursrrant to the issuance of Memo dated 26.08.2020, it!\.as nolice,i that certain difficulties have been faceci by the pubtic. Toobviate th(' said difficulties. modidcation of the aforesaid instructionshas becn issued on 29.12.2020, whereby registrations have beenpcrmitlcd in rcspect of opcn plots / structures, if the same have beenacquired b| lie prcsent ou'ncr through a valid rcgistered documentexecutcd earlicr. llorvever it lias been directed that no new plot shall beregistered, Lrnless it is approved by the competcnt authority or is in anauthorized layout. The connotation of the lvord trerv plot' is a freshplot whicli is brought for registration for the first time or being sold bythe develop(-'rs for the first time. It has also been clarilied that there isno restrictjon on registration of plots in authorized layouts, plotsregularized undcr earlier LRs schemes and buitdings/ structurescovered under earlier BPS/BRS schemes.

2. Mr.Harender Parshad, learned Special GovernmentPleader appearing for thc respondents states that there is noprohibition on alienation / transfer of individual property. Theprohibition is only for registration of plots / struclitres registered by thedevelopers in an unauthorized layout or structures".

4. In view of specific contention raised by learned counselfor the petitioners that the subject plots are part of an approvedlayout approved by the Gram Panchayat concerned, this Court doesnot flnd an)' justification for the respondent-Sub Registrar inrefusing to receive and process the documents presented forregistration in respect of the subject plots. Further, by virtue ofSection 71 of the Registration Act, i9O8, the respondent-SubRegistrar is under obligation to receive the documents and processthe same, in ac<'ordance with law.

5. Therefore, the action of the respondent-Sub Registrar inrcfusing to receive any document for registration in respect of thesubject plots, is totally arbitrary and illegal. The Judgment of thisCourt in W.P.No.9248 of 2021, dated 23.08.2021 and the Memoimp,rgned in the said writ petition are in respect of the plots, whichare in an unapproved layout but not in respect of the plots, whichare part of an approved layout. Thus, there cannot be anyimpediment for the respondents to register the documents in respectof the plots, which are part of an approved layout and also in respectof the plots, which were already subjected to registration. Equaliy,the interim order passed in SLP (Civil) No. 19695 of 202 1 , dated1A.O5.2022 is not a ground to entertain registration in respect of theplots, which are part of an approved layout.

6. ln the light of the above, the Writ Petition is disposed ofdirecting respondent No.3 to receive the documents that are soughtto be presented by the petitioners in respect of the subject plots andalso process the same, in accordance with iaw, by duly verifying thesame as to whether they are part of approved layout or not and passappropriate orders thereon, in accordance with law, within a periodof four weeks from the date of presentation of the said documents bythe petitioners. There shall be no order as to costs.

ii any, pending in this u,rit petitior-r Miscellaneous petitions, shall stand closed.

SD/- C. PRAVEEN KUASSISTANT REGISAR//TRUE COPY//SECTIONFFICER

To,

1. The Principal Secretary, Stamps and Registration Department, The State ofTelangana, Secretariat Buildings, BRKR Bhavan, Tank bund, Hyderabad.Telangana, Secretariat Buildings, BRKR Bhavan, Tank bund, Hyderabad.2. The Commissioner and lnspector General of Registration and Stamps, M.J.Market, Hyderabad, Telangana State.Market, Hyderabad, Telangana State.

3. The Sub-Registrar, SRO-Yadagirigutta, Yadadri Bhuvanagiri District.

4. One CC to SRI tvlOHD. SUBHAN PASHA, Advocate IOPUC]5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for theState of Telangana. [OUT]5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for theState of Telangana. [OUT]6. Two CD Copies BNYGJP

HIGH COURT

DATED:3011212{122

ORDER

WP.No.46712 of [2022]

DTSPOSING OF THE WRIT [PETITION]WITHOUT COSTS

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