K.Kishore Alias K.Kishore Kumar vs State Of Telangana And 3 Others
2023 Latest Caselaw 161 Tel

         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.

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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