Sadhineni Mahendra Rao v. The State Of Telangana

[ 32s6 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 467't2 OF 2022 Between:

1. Sadhineni [\/ahendra Rao, S/o.S. Venkat Rao, Aged about 70 years, Occ. Business, R/o.H.No.1-9-24. Street No.8, Habsiguda, Secunderabad, Hyderabad.

2. Mosali Amarender Reddy, S/o. Mosali Krishna Reddy, Aged about 43 years, Occ: Business, Rl/o. Flat No.204 Devi Home, Sudha Nagar, Road No.1 , Peezadiguda village, Ghatkesar Mandal, Behind Sharadha Vidya Mandir, Boduppal, Ranga Reddy District.

...PETITIONERS AND The State of Telangana, Rep by its Principal Secretary, Stamps and Registration Department, Secretariat Buildings, BRKR Bhavan, Tank bund, Hyderabad.

The Commissioner arid lnspector General of Registration and Stamps, [t4.J Market, Hyderabad, Telangana State.

The Sub-Registrar, S RO-Yadagirigutta, Yadadri Bhuvanagiri District. J ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in refusing to receive, register and release the documents presented by the Petitioners in respect of an approved layout plots bearing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,12, 13, 14, 15, 16, 17,18, 19,20 and 21 in Sy.No.191, 193, 194 Part in Sri Laxminagar situated at Pathagutta, Datharpally village, Yadagirigutta Mandal, Nalgonda District on the Ground of Memo bearing No.G2l257l2O19 dated 26.08.2020 and 29.12.

plotsbearingNos 1.2.3,4.5.6.7.8,9, 10, 11,12. 13, 14.15, 16, '1 7, 18, 19, 20 ancl 21 in Sy.No.19.1 , 193, 194 Part in Sri Laxminagar situated at Pathagutta. Datharpally village, Yadagirigutta Mandal, Nalgonda District. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to forthwith receive, register and release the documents prr;sented by the petitioners in respect of an approved layout plots bearing Nos, 1,2,3,4 5,6,7,8,9, 10, 11,12,13,14,15,16,17, 18, 19,20 and 21 in Sy.No.191, 193, 194 Pan in Sri Laxminagar situated at Pathagutta, Datharpally village, Yadagiri-gutta Mandal, Nalgonda District pending disposal of the above writ petition Counsel for the Petitioners: SRI MOHD SUBHAN PASHA Counsel for the Respondents: ASST. GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.46712 of 2O22 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 hled seeking to declare the action of respondent No.3 in refusing to receive, register and release the documents presented by the petitioners in respect of an approved layout bearing plot Nos.1, 2, 3, 4, 5, 6, 7,8, 9, lO, 11, 12, 13, 14, 15, 16, 17,la, i9, 20 and 21 in Survey Nos. 191, I93, 194 part, situated at Sri Laxminagar, Pathagutta, Datharpally Village, Yadagirigutta Mandal, Nalgonda District, basing on the Memo bearing No.G2l257 12019 dated 26.08.2020 ar,d 29.12.2020 issued by respondent No.2, under the provisions of prohibition of registration of unauthorized plots and buildings, as arbitrary and illegal. 3.

It is the specihc contention of learned counsel for the petitioners that the above referred Memo has no application to the plots situated in an approved layout and the sarne was also clarilied by a Division Bench of this Court in W.P (PIL) No.2l0 of 2O2O, dabd 28.07 .2021. The relevant portion of the said judgment reads as under:

"Count( r a:ficlavit has bccn filc(l bv thc respondent Nos. I and 2 stating tier alia t:iat pursrrant to the issuance of Memo dated 26.08.2020, it !\.as nolice,i that certain difficulties have been faceci by the pubtic. To obviate th(' said difficulties. modidcation of the aforesaid instructions has becn issued on 29.12.2020, whereby registrations have been pcrmitlcd in rcspect of opcn plots / structures, if the same have been acquired b| lie prcsent ou'ncr through a valid rcgistered document executcd earlicr. llorvever it lias been directed that no new plot shall be registered, Lrnless it is approved by the competcnt authority or is in an authorized layout. The connotation of the lvord trerv plot' is a fresh plot whicli is brought for registration for the first time or being sold by the develop(-'rs for the first time. It has also been clarilied that there is no restrictjon on registration of plots in authorized layouts, plots regularized undcr earlier LRs schemes and buitdings/ structures covered under earlier BPS/BRS schemes.

2.

Mr.Harender Parshad, learned Special Government Pleader appearing for thc respondents states that there is no prohibition on alienation / transfer of individual property. The prohibition is only for registration of plots / struclitres 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 flnd an)' justification for the respondent-Sub Registrar in refusing to receive and process the documents presented for registration in respect of the subject plots. Further, by virtue of Section 71 of the Registration Act, i9O8, the respondent-Sub Registrar is under obligation to receive the documents and process the same, in ac<'ordance with law.

5.

Therefore, the action of the respondent-Sub Registrar in rcfusing to receive any document for registration in respect of the subject plots, is totally arbitrary and illegal. The Judgment of this Court in W.P.No.9248 of 2021, dated 23.08.2021 and the Memo imp,rgned in the said writ petition are in respect of 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 documents in respect of the plots, which are part of an approved layout and also in respect of the plots, which were already subjected to registration. Equaliy, the interim order passed in SLP (Civil) No. 19695 of 202 1 , dated 1A.O5.2022 is not a ground to entertain registration in respect of the plots, which are part of an approved layout.

6.

ln the light of the above, the Writ Petition is disposed of directing respondent No.3 to receive the documents that are sought to be presented by the petitioners in respect of the subject plots and also process the same, in accordance with iaw, by duly verifying the same as to whether they are part of approved layout or not and pass appropriate orders thereon, in accordance with law, within a period of four weeks from the date of presentation of the said documents by the petitioners. There shall be no order as to costs.

shall stand closed.

ii any, pending in this u,rit petitior-r Miscellaneous petitions, SD/- C. PRAVEEN KU ASSISTANT REGIS AR //TRUE COPY// To, SECTION FFICER

1. The Principal Secretary, Stamps and Registration Department, The State of Telangana, Secretariat Buildings, BRKR Bhavan, Tank bund, Hyderabad.

2. The Commissioner and lnspector General of Registration and Stamps, M.J. Market, Hyderabad, Telangana State.

3. The Sub-Registrar, SRO-Yadagirigutta, Yadadri Bhuvanagiri District.

4. One CC to SRI tvlOHD. SUBHAN PASHA, Advocate IOPUC]

5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUT]

6. Two CD Copies BN GJPY

HIGH COURT DATED:3011212{122 I I ,;.a STAI6 ot

ORDER

(Y WP.No.46712 of 2022 2$Il 1 S l[tl i(J DTSPOSING OF THE WRIT PETITION WITHOUT COSTS s \"q,:{ ,1{q\