Telangana High Court

WP/25310/2006 of Panchayat Raj Teachers Colony Development Society Vs The Sub-Registrar, on 29 December 2006

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SRI JUSTICE V.V.S.RAO WRIT PETITION No.25310 of 2006 29.12.2006 Between: Panchayat Raj Teachers Colony Development Society (Phases: I & II), Sagar Road, Saroornagar Mandal, L.B.Nagar Municipality, Ranga Reddy District, represented by its President Sri D.Ganesh … Petitioner

THE HON’BLE SRI JUSTICE V.V.S.RAO

WRIT PETITION No.25310 of 2006

29.12.2006

Between:

Panchayat Raj Teachers Colony Development Society (Phases: I & II), Sagar Road, Saroornagar Mandal,

L.B.Nagar Municipality, Ranga Reddy District, represented by its President Sri D.Ganesh

AND

The Sub-Registrar, Champapet, Ranga Reddy District And others … Petitioner … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO

WRIT PETITION No.25310 of 2006

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ORDER:

Panchayat Raj Teachers Colony Development Society filed the instant writ petitionassailing memo dated 13.11.2006 issued by the first respondent wherein thepetitioner was informed that there is no provision in the Registration Act, 1908 (theAct, for brevity) to stop registrations unless there is a specific order from the Court oflaw.

It is the case of the petitioner that the petitioner society was formed with teachers,who were dissatisfied with the functioning of the second respondent society, underthe A.P. Societies Registration Act, 2001. The petitioner alleged in theirrepresentation dated 13.11.2006 made to the first respondent that respondents 3and 4, who are at the helms of the affairs of the second respondent society, incollusion with real estate brokers allegedly interpolated the layout approved by theHyderabad Urban Development Authority (HUDA) converting the land/ areasearmarked as public place/common place and, therefore, requested the firstrespondent to stop registrations.

When the matter was initially listed on 06.12.2006 notice was ordered torespondents 2 to 4. After receiving notice, they appeared and filed counter affidavitsworn to by the third respondent. In the counter affidavit, the allegation that thecontesting respondents colluded with real estate brokers and interpolated HUDAlayout and the allegation that they sold away open place/public place under roadareas as plots are denied. An assertion is made that no part of the land meant forroad and earmarked for open places is encroached upon or registered in favour ofthe members of second respondent society or third parties.

Learned Counsel for the petitioner, however, disputes the counter averments.He submits that the petitioner herein has already lodged a complaint with L.B.NagarMunicipality and other officials. If these representations are considered by thoseauthorities, there cannot be any objection. However, this Court observes that as perA.P. Municipalities (Layout) Rules, 1970 (Layout Rules, for short), the areas/land ina layout earmarked as public place/road/park/playground cannot be converted forresidential houses or used for purpose other than the purpose for which it isearmarked in the approved layout. (See Sri Ramakrishna Educational Society vChairman, Nandyal Municipality and NGOs Colony Development Committee vDistrict Collector, Krishna, Machilipatnam).Insofar as the impugned order passedby the first respondent is concerned unless and until there are valid reasons, theRegistering Authority has no competence or jurisdiction to refuse registration norsuch a direction can be issued in a writ petition. This is also well settled by reason ofthe decision of this Court in Property Association of Baptist Churches v Sub-Registrar, Jangaon, Warangal.

The writ petition is misconceived and is accordingly dismissed. No costs.

_____________

December 29, 2006. (V.V.S.RAO,J)

YS

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