The High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one ip the nature of writ of Mandamus by set-aside the Refusal order No-3/2025lR0 (08), Dated- 13- 2-2025 and Directing Respondent No.2 to Release the sale Deed Pending Document No-1712025, Dated- 12-2-2025 by allotting regular Document Number in accordance with law- lA NO: 1 OF 2025 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 pass an interim direc:ion lhereby directing the 2nd respondent herein to Release the sale Deed Pending [)ocument No-1712025, Dated- 12-2-202 5 by allotting regular Document Numtrer ti I the disposal of this writ petition. Counsel for the Petitioner : SRI SARDAR JASBEER SINGH Counsel for the Respondents: ASST. GP FOR STAMPS AND RECiISTRATION The Court made the following: ORDER ; F t E E. w I l I I I i THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.7360 of2025 ORDER: Heard learned counsel for the _ petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Learned counsel for the petitioner submits that this writ petition is hled by the petitioner requesting to set aside the Refusa-l Order No.03l2025lRO(OB), dated

13.02.2025 and direct the respondent No.2 to release the Sale Deed pending document No.l7 /2025, dated I2.O2.2O25 by allotting regular document number in accordance with law

3. Learned counsel for the petitioner further submits tJlat in similar circumstances, this Court allowed the W.P.No.44898 of 2022 on 15.72.2022 and requested to pass sirnilar order in this writ petition a,lso. 2 sx, ., W.P.No.7360 of 202,5 -& 4 OrL the other hand, the learned Assistant Government Pleader for Stamps and I?egistrr,ttion is not disputing r1re submission made by the learned counsel for the petitioner 5 In view of the above made submissions by both sides ancl for the reasons alike in t.ht,: order 1n W.P.No.441398 of 2022 on 15.12.2022, this rvrit petition is dispose'd cl by setting aside the impugned Rt,:fusa-l Order No.03/ 202.';/RO(OB), dated 13.O2.2Ct25 and further directirLg 1.he Respondent No.3 to receive the returned documt:nt in respect of the subject plots and also process the sarne, in accordance with law, by duly r,'erifying the same as tc whether they are part of an approv,ed layout or not alcl take a decision thereon afresh, in acccrrdance with law, '*,ithin a period of four (4) weeks frorn the date of presentatic)n of the said document by ther petitioner Howeve r, t.:rere shall be no order as to costs. 6 Registry is directed to annex copy of 1.he order in W.P.No 44tj98 of 2022 on 15. t2.2O22 w 1 F I I I I I r i I i 3 sK, J W.P.No.736O oJ'2025 7, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/-K.BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// sec:rrowfurrcea To,

1. The Principal Secretary, Stamps and Registration Department, Secratrariat' state of Telangana, HYderabad

2.TheSubRegistrar,Medchalsub-Registrationoffice,Medchal-lvlalka|giri District , Telangana.

3. One CC to SRI SARDAR JASBEER SINGH, Advocate IOPUC] 4. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUT]

5. Two CD Copies. (AlongwithacopyoftheOrderinW.P.No.44BSBot2022,daledlS-12-2O22 to this OrdeQ BSK BS \ I \C t ?:, s(' ,, HIGH COI,.IRT' DATED:2910412025 .c F l: .$ "\.\..\ \\' ll '::t t. ',

1. I I : ORDER WP.No.7360 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS )^' THE HON'BLE SRI JUSTICE MTIMMINENI SUDHEER KUMAR WRIT PETITION No.44898 of2022 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. 2- The grievalce 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 uide pending document No.P/52 of 2022 and passed a refusal order No. I of 2022 refi.:.sing to register the said document. The reasons given by the respondent-Sub Registrar reads as under: "Reasons for retusal (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 I 257 / 20 19 , d'^red' 29.12.2O2O issued by Commissioner of lnspector General, Registration and Stamps Department- Further, reference is drawn to order of Hontrle High Court of Telangana in W.P .No.7A29 of 2OO2 ia page No.3 of ttre 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 ar.d batch as modilied by the Order d'ated 22.02.2022 in I A No-2 of 2022 in W.P.No.2985 oI 2022 tt terms tlereof, this Writ Petition is disposed as under without aly order as to costs." 2 ELrther the Honble High Court of Telangana in common c rder in w. ).No.:128 ol2022 dated lA.O2-2O22 referred to Hon'ble High Crurr of Telmgarla order in W.P.No.9248 of 2O2l ' Ttre operation and effect at judgment and order in the said W.P.llo.92':!l of 2021 is stayed vide order dated la'Os 2021 of Hotr'trle Srrprt:me Court of India in SLP (Civil) No.19695 of 2021' Ttte refore, vide (1) Memo No.G2/25712019, daled 26 08'i'1020 arld. 2g.lt -2O2O issued by Commissioner and Ins;'ector Ger Leral Rcgistratiol and Stamps Department and (2) Standing Order tl31r) (b) of Rogistiltion Manual (PartJI) which prohibits alicnation of the propc rty d r,r to stay granted by the Hon'ble Supreme C')urt of Ind ia in SLP (CMl) Iro.19695 of 2021 dated B.O5-2O22 the Registration o: the docurlrent is "Refused." 3. It is the specific contention of Sri K.R-aghuvee:: Reddy, learned oounsel for the petitioners that the Memo referre I in the in an impugnerl orler has no application to the plots; situat€d approved lavcrtt and the same was a]so clarifred by a Division Bench of this Court in W.P (PIL) No.210 of 2O2O, dated 28.07 '2021 'l}re relevant 'lortirn of the said judgment reads as under: "Cou nter affidavit has been hled by the respondent Nos l. and 2 staling irr?r alic- that pursuant to the issuance ol Memo cated 26.Oa.2O').O- it was noticed that certain diffrculties have been facerl by tre public. To obviate the said difficulties, modifici:ttion of tlre afc:esaid instructions has been issued on 29.12.2O2O, u,heleby registrations have been permitted in respect of rlpen plotrj / stn rctures, if the same have been acquired try the present ou'n,:r tbrcugh a valid registered document ex€cuted ca-lier' Holever it has been directed that no new Dlot shal. be regrritere(l, unless it is approved by the competent authority or is in ar auth.orized layout. The connotation of the word 'new plot' is a fresh rlot which is brought for registration for the hrst time or b:ing r;old by the developers for the first time. It has also been clarihed :hat there is no restriction on registration of ploi:s in 2 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/trarsfer of individual property. The prohibition is only for registration of plots/stmctures registered by the d-evelopers in an unauthorized layout or structures". 4. In view of speciflc contention raised by learned counsel for the petitioners that the subject plots are part of an approved layout approved by the Gram Palchayat concerned, this Court does not flnd 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.Oa.2O20 arld 29.72.2020. 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

26.04.2020 arrd.29.12.2020, is totally arbitra-ry and illegal. The Judgment of this Court in W.P.No.924 I of 2021, dated 23.O8.2021 ald 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 appror'ed layout. Thus, there cannot be any impedimenl for the respondeets tc register the document in respect of the pl'rts, if such plots are part of an approved layout ald also in respect of the plots, which were a ready subjected to registration on an earlter tlccasion' Equally, the :nterim order passed in SLP (Civil) No 19695 of 2021, dated 18 05 .i(t22 is not a ground to refuse to ente rtaln :registration in respect of the plots, if they are part of an approved layorrt'

6. In the light of the above, the impugned order is set aside and resp,ondr:nt No.3 is further directed to receive the returned document in rr:spect of the subject plots and also process ttre same, in accorclanc: with law, by duly verifying the same as to whether they are part of an approved layout or not and take a decision thereon zrfres'r, in accordance with law, within a period of fo':r weeks from th,: dzLte of presentation of the said document by the petitione rs. 7 . V/lth the above direction, the Writ Petition is allowed' There shall b,-' no order as to costs. Miscell rncous Petitions, if any, pending in this v/ri'. petition shali st:red closed. DatezLS.L2.2022 ryqlq: Issu€ C.C. r, Monday (B/.,) Yv_L MUMMINENI SUDHEER KUMAR, J