IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K. SARATH
M/s. Calvary Temple Foundation – Appellant
Versus
The District Registrar – Respondent
WP 34235/2023
THE HONOURABLE SRI JUSTICE K.SARATH
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record.
2. Learned counsel for the petitioner submits that this writ petition is filed by the petitioner questioning the action of the respondents contained in Refusal Order No.124/RO(OB)/2022, dated 22.09.2022 refusing to register the pending sale deed of the petitioner bearing document No.P.929/2022 on the file of the Joint Registrar, I RO (OB), Ranga Reddy District.
3. Learned counsel for the petitioner further submits that the document No.P.929/2022 has been refused registration for the following reasons:
i. The scheduled plot is carved out without any approval from the GHMC and is therefore registration of an unothorized
plot is prohibited vide the C & IG Memo No.G2/257/2019, dated 26.08.2020 and 29.12.2020.
The parties in the document filed W.P.No.13256 of 2022 before this Court and obtained direction for registration in terms of common order in W.P.No.328 of 2022 and batch, dated 18.02.2022 as modified by the order dated 22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 of 2022 and batch which directed the Sub-registrar to register the document of sale etc., without reference to the Memo No.G2/257/2019, dated 26.08.2020 and 29.12.2020 issued by the Commissioner and Inspector of General of Registration and Stamps (C&IG), which prohibited registration of new plots in unauthorized layouts subject to the outcome of SLP (Civil) No.19695 of 2021. Subsequently, the Hon’ble Supreme Court in its order dated 18.05.2022 in SLP (Civil) No.19695 of 2021 suspended the operation of the orders passed in W.P.No.9248 of …, dated 23.08.2021. Accordingly, the C&IG Memo No.G2/257/2019, dated 26.08.2020 is restored.
ii. The Commissioner and Inspector General (R&S) Department Memo No.G3/3247/2018 dated 01.05.2019 has instructed that whenever huge lands are showing in square yards and sought to registration, the sub-registrar shall invariably refer web land (Dharani) and find out the real owners as per revenue records and insist upon conversion certificate of agricultural land into non agriculture land issued by the competent authority. But the parties in the document are failed to produce NALA certificate.
4. Learned counsel for the petitioner further submits that the said issue was considered by this Court in W.P.No.15471 of 2024 and this Court disposed of the said writ petition dated 02.07.2024 and requested to pass similar orders in this matter also.
5. The operative portion of W.P.No.15471 of 2024, dated
02.07.2024 is as follows:
“19. With the above observations, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908 as well as the Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (3) weeks from the date of receipt of copy of the order without insisting for the proceedings of NALA Tax under the provisions of the Telangana Agricultural Land (Conversion for non-agricultural purposes) Act, 2006. It is also open to the Registering Authority to refuse to register the subject document, by specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. It is needless to mention that the petitioner shall pay the NALA Tax as per the provisions of the Telangana Agricultural Land (Conversion for non-agricultural purposes) Act, 2006 as and when demanded by the appropriate authorities under the said the Act.”
6. Learned Assistant Government Pleader for Stamps and Registration is not disputing the submission made by the learned counsel for the petitioner with regard to the disposal of the W.P.No.15471 of 2024, dated 02.07.2024 and requested to pass appropriate orders.
7. In view of the submissions ma
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