THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No. 638 of 2023
ORDER:
Learned counsel for the petitioners submitted that in identical matters, this Court disposed of in W.P.No.44587 of 2022 on 13.12.2022 and the same was conceded by the Learned Government Pleader for Stamps and Registration. In view of the same, this Writ Petition is also disposed of at the stage of admission itself.
2. The grievance of the petitioners in this writ petition is that though the subject plots are situated in an approved layout, the respondent-Sub Registrar refused to register the subject documents presented by the petitioners vide pending document Nos.P293/2022 and P274/2022 and issued intimation letter Nos.486/SRO/2022 dated 24.11.2022 and 438/SRO/2022 dated 03.11.2022 refusing to register the said documents.
::2::
3. It is the specific contention learned counsel for the petitioners that Memos 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 3 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 ::3::
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 documents presented for registration in respect of the subject plots by placing reliance on Memos, dated 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 documents and process the same, in accordance with law.
5. Therefore, the action of the respondent-Sub Registrar in passing impugned refusal orders refusing to register documents in respect of the subject plots by placing reliance on Memos, dated 26.08.2020 and 29.12.2020, is ::4::
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 4 an approved layout. Thus, there cannot be any impediment for the respondents to register the documents 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.4 is further directed to receive the returned documents in respect of the subject plots and also process the same, in accordance with law, by duly verifying ::5::
the same as to whether they are part of an approved layout or not and take a decision thereon afresh, in accordance with law, within a period of four weeks from the date of presentation of the said documents by the petitioners.
7. With the above direction, the Writ Petition is allowed. There shall be no order as to costs.
8. Miscellaneous Petitions pending, if any, in this writ petition shall stand closed.
_____________________ JUSTICE K.SARATH Dated:09.01.2023 spk