THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.46564 of 2022
ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.
2. This Writ Petition is filed seeking to declare the order passed by respondent No.3 in Lr.No.186/2022, dated 07.12.2022 refusing to register the pending document vide refusal order No.5 of 2022, dated 07.12.2022, as arbitrary and illegal. The reasons given by the respondent-Sub Registrar reads as under:
"Reasons for refusal order, dated 07.12.2022:
Vide reference cited, a Sale deed is presented for Registration by Si Cherukula Naveen Kumar and Sri Gattadi Bhushan on 01.12.2022 and the same was kept pending duly assigning No.08/2022.
As per the schedule of the document the property is plot No.(65) in Sy.No.575/A for an extent of 150 square yards situated at Basar Village and Mandal. But the plot No. (65) is not forthcoming in the DTCP approved layout sanctioned plan and there is no link document at all mentioned in this document which is contrary to the Commissioner and Inspector General of (R&S) Hyderabad Memo No.G2/257/2019, dated 26.08.2020 and 29.12.2020.
Moreover, the plot is brought for registration for first time which come as "New plot" without DTCP layout. Thus, in absence of approved layout sanctioned plan and without any link document the above shown order does not permit to register the document. However in this regard the Hon'ble Supreme Court of India also imposed stay vide Special Leave Petition to appeal (C) No.19695/2021 dated 18.05.2022.2
In the circumstances shown above, the plot of the property cannot be registered.
3. It is the specific contention of learned counsel for the petitioners that the Memo referred in the impugned order has no application to the plots situated in an approved layout and the same was also clarified by a Division Bench of this Court in W.P (PIL) No.210 of 2020, dated 28.07.2021. The relevant portion of the said judgment reads as under:
"Counter affidavit has been filed by the respondent Nos.1 and 2 stating inter alia that pursuant to the issuance of Memo dated 26.08.2020, it was noticed that certain difficulties have been faced by the public. To obviate the said difficulties, modification of the aforesaid instructions has been issued on 29.12.2020, whereby registrations have been permitted in respect of open plots/structures, if the same have been acquired by the present owner through a valid registered document executed earlier. However it has been directed that no new plot shall be registered, unless it is approved by the competent authority or is in an authorized layout. The connotation of the word 'new plot' is a fresh plot which is brought for registration for the first time or being sold by the developers for the first time. It has also been clarified that there is no restriction on registration of plots in authorized layouts, plots regularized under earlier LRs schemes and buildings/structures covered under earlier BPS/BRS schemes.
2. Mr.Harender Parshad, learned Special Government Pleader appearing for the respondents states that there is no prohibition on alienation/transfer of individual property. The prohibition is only for registration of plots/structures registered by the developers in an unauthorized layout or structures".
4. In view of specific contention raised by learned counsel for the petitioners that the subject plots are part of an approved layout approved by the Gram Panchayat concerned, this Court does not find any justification for the respondent-Sub Registrar in refusing to register the document presented for registration in respect of the subject plots by placing reliance on Memos, dated 3 26.08.2020 and 29.12.2020. Further, by virtue of Section 71 of the Registration Act, 1908, the respondent-Sub Registrar is under obligation to receive the document and process the same, in accordance with law.
5. Therefore, the action of the respondent-Sub Registrar in passing impugned refusal order refusing to register document in respect of the subject plots by placing reliance on Memos, dated 26.08.2020 and 29.12.2020, is totally arbitrary and illegal. The Judgment of this Court in W.P.No.9248 of 2021, dated 23.08.2021 and Memos referred in the impugned order are in respect of unauthorized construction and the plots, which are in an unapproved layout but not in respect of the plots, which are part of an approved layout. Thus, there cannot be any impediment for the respondents to register the document in respect of the plots, if such plots are part of an approved layout and also in respect of the plots, which were already subjected to registration on an earlier occasion. Equally, the interim order passed in SLP (Civil) No.19695 of 2021, dated 18.05.2022 is not a ground to refuse to entertain registration in respect of the plots, if they are part of an approved layout.
6. In the light of the above, the impugned order is set aside and respondent No.3 is further directed to receive the returned document in respect of the subject plots and also process the same, in accordance with law, by duly verifying the same as to whether they are part of an approved layout or not and take a decision 4 thereon afresh, in accordance with law, within a period of four weeks from the date of presentation of the said document by the petitioners.
7. With the above direction, the Writ Petition is allowed. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:30.12.2022 YVL 5 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.46564 of 2022 Date:30.12.2022 YVL