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 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 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 unauthor