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M.S.RAMACHANDRA RAO, T.VINOD KUMAR
Ravipati Venkateshwar Rao – Appellant
Versus
Nizampet Municipal Corporation – Respondent
ORDER :
M.S. Ramachandra Rao, J.
In this Writ Petition, the petitioner has challenged Lr.No.45/TP/NMC/2019 dt.01.11.2019 sent by the Commissioner, Municipal Corporation, Nizampet to the Sub-Registrar, Quthbullapur, Ranga Reddy District (2nd respondent) directing the latter not to register the alleged unauthorized floors which are constructed more than 2 floors as per the Annexure attached thereto within the limits of Nizampet Municipal Corporation (1st respondent) and the consequential action of the 2nd respondent in refusing to receive, register and release a sale deed presented by petitioner relating to floor No.302 in the third floor of ‘Pearl Heights’ with built up of 1090 sq.ft (including common areas and car parking), along with an undivided share of land admeasuring 24 sq. yds (out of 800 sq yds) constructed on plot Nos.116, 117, 132 and 133 in Sy.No.491/A of Bachupally village and Gram Panchayat, Bachupally Mandal, Medchal-Malkajgiri District.
Case of the petitioner
2. According to the petitioner, the vendor of the petitioner had applied for building permission from the then Bachupally Gram Panchayat for construction of Ground + 2 floors and such permission was accorded on 12.0
The impugned circular and Rule 44(1)(i) were found to be contrary to sections 34 and 35 of the Registration act, 1908 and beyond the legislative competence of the respondents.
The main legal point established in the judgment is that the refusal for registration of properties based on defective notifications under Section 22-A of the Registration Act was illegal, arbitrary,....
The Sub-Registrar must register documents presented for registration unless legally prohibited, following the Registration Act's provisions.
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