Telangana High Court
Pinnama Raju Santosh Kumar vs The State Of Telangana on 15 December, 2022
Bench: Mummineni Sudheer Kumar
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.44898 of 2022
ORDER:
Heard learned counsel for the petitioners and learned
Assistant Government Pleader for Stamps and Registration appearing
for the respondents.
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 sale deed presented
by the petitioners vide pending document No.P/52 of 2022 and
passed a refusal order No.1 of 2022 refusing to register the said
document. The reasons given by the respondent-Sub Registrar reads
as under:
"Reasons for refusal (Doct No.P/52/2022):
The said property is "New Plot" in an unauthorized layout
without any layout approval documents issued by competent authority.
Presented by developers through their GPA Holder and hence
attracts provision 2 (ii) of the Memo No.G2/257/2019, dated
29.12.2020 issued by Commissioner of Inspector General, Registration
and Stamps Department.
Further, reference is drawn to order of Hon'ble High Court of
Telangana in W.P.No.7829 of 2002 in page No.3 of the document in the
said order, inter alia it was stated that "Therefore, following the
common order dated 18.02.2022 in W.P.No.328 of 2022 and batch as
modified by the Order dated 22.02.2022 in I.A.No.2 of 2022 in
W.P.No.2985 of 2022 in terms thereof, this Writ Petition is disposed as
under without any order as to costs."
Further the Hon'ble High Court of Telangana in common order
in W.P.No.328 of 2022 dated 18.02.2022 referred to Hon'ble High Court
of Telangana order in W.P.No.9248 of 2021.
The operation and effect at judgment and order in the said
W.P.No.9248 of 2021 is stayed vide order dated 18.05.2021 of Hon'ble
Supreme Court of India in SLP (Civil) No.19695 of 2021.
Therefore, vide (1) Memo No.G2/257/2019, dated 26.08.2020
and 29.12.2020 issued by Commissioner and Inspector General
Registration and Stamps Department and (2) Standing Order 2319 (b)
of Registration Manual (Part-II) which prohibits alienation of the
property due to stay granted by the Hon'ble Supreme Court of India in
SLP (Civil) No.19695 of 2021 dated 18.05.2022 the Registration of the
document is "Refused."
3. It is the specific contention of Sri K.Raghuveer Reddy,
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
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
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:15.12.2022
Note: Issue C.C. by Monday
(B/o)
YVL
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.44898 of 2022
Date:15.12.2022
YVL
