M/S Amrutha Estates vs State Of Telangana
2023 Latest Caselaw 1070 Tel

 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

                  WRIT PETITION No.6106 of 2023
ORDER:

Heard learned counsel for the petitioner and learned

Assistant Government Pleader for Stamps and Registration

appearing for the respondents.

2. The grievance of the petitioner in this writ petition is that

though the subject plot bearing No.255 in Country Kuteeram II

forming part of Survey Nos.98, 115 and 116 situated at Ramajipet

Village, Yadagirigutta Mandal, Yadadri Bhongir District, is situated

in an approved layout, the respondent-Sub Registrar refused to

register the sale deed, dated 07.02.2023, presented by the

petitioner for registration and issued impugned order through

letter in Lr.No.27 of 2023, dated 07.02.2023, refusing to register

the subject document. The reasons given by the respondent-Sub

Registrar reads as under:

"In compliance to the reference cited, it is to inform you that the document dated 07.02.2023 has been presented for registration by M/s. Amrutha Estates and M/s. Amurtha Estates Private Limited, for plot bearing on 255 in (COUNTRY KUTEERAM - II) Township in Sy.Nos.98 (P), 115 (P) & 116 (P) of Ramajipet Village, Yadagirigutta Mandal, Yadadri District.

The above presented document cannot be registered in view of the orders passed by Hon'ble Supreme Court of India in SLP (C) No.19695/2021, dt.18.05.2022, which has been communicated by MSK, J W.P.No.6106_2023

Inspector General of Stamps and Registration/District Registrar, Nalgonda."

3. It is the specific contention of Sri K.Raghuveer Reddy,

learned counsel for the petitioner that the impugned letter 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 MSK, J W.P.No.6106_2023

registered by the developers in an unauthorized layout or structures".

4. In view of specific contention raised by learned counsel for

the petitioner that the subject plot is a 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 plot by placing reliance on the Memo, dated 19.05.2022.

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 the refusal order through impugned letter refusing to

register document in respect of the subject plot by placing reliance

on the Memo, dated 19.05.2022, is totally arbitrary and illegal.

The Judgment of this Court in W.P.No.9248 of 2021, dated

23.08.2021, and the Memo, dated 19.05.2022, 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 MSK, J W.P.No.6106_2023

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 letter is set aside and

respondent No.3 is directed to receive the subject document in

respect of the subject plot and also process the same, in

accordance with law, by duly verifying the same as to whether it is

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 petitioner.

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:03.03.2023 Note:- Issue C.C. by 06.03.2023.

(B/o) KH MSK, J W.P.No.6106_2023

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

WRIT PETITION No.6106 of 2023

Date:03.03.2023 KH