Emperos Constructions, rep. by its Managing Director Sri Mohammed Bilal v. State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Govt. of Telangana, Secretariat, Hyderabad
2025-07-03
K.SARATH
body2025
DigiLaw.ai
ORDER : K. SARATH, J. Heard learned Counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps and Registration for the respondent Nos.1 to 3 and learned Standing Counsel for the respondent No.4 and perused the entire material on record. 2. Learned counsel for the petitioner submits that this writ petition is filed challenging the action of the respondent No.3 in not receiving, registering and releasing the Sale Deed presented by the petitioner in respect of the property bearing H.No.8-1-21/62 in Plot No.62, situated at Suryanagar Colony, Tolichowki, Hyderabad, (hereinafter referred as ‘subject property’) basing on the Memo issued by the respondent No.4-GHMC vide Lr.No.62/DCP/C18/GHMC/2021 dated 22.11.2021. 3. Learned counsel for the petitioner further submits that without power and jurisdiction, the respondent No.4 addressed a letter to respondent No.3 stating not to register any document with the regard to the subject property is contrary to the Registration Act , 1908 and Standing Order No.219(b) of the Registration and Stamps Department of Telangana. Hence, requested this Court to allow this writ petition by directing the registering authority to register the subject document without reference to the letter dated 22.11.2021. 4. Learned Assistant Government Pleader for Stamps and Registration submits that the registering authority cannot stop registration until and unless passing of any orders by the competent Civil Court or High Court or State Government or Central Government, and fairly acceded that basing on the letter addressed by the respondent No.4 to respondent No.3, the registering authority stopped the registration. In view of the same, requested this Court to pass appropriate orders. 5. Learned Standing Counsel for the respondent No.4 submits that in violation of building permit No.3/ C18/16685/2019 dated 19.11.2019, the petitioner has started unauthorized construction in the subject property without prior permission from GHMC as required under Sections 428 and 433 of the GHMC Act , 1955 (for brevity, ‘the Act, 1955’). In view of the same, the respondent No.4 had addressed a letter to the respondent No.3-Sub Registrar on 22.11.2021, directing not to register any portion of the subject property. Therefore, requested this Court to dismiss the writ petition. 6. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that there is no dispute with regard to the subject property of the petitioner. The respondent No.4 has granted permission vide Permit No.3/C18/16685/2019 dated 19.11.2019.
Therefore, requested this Court to dismiss the writ petition. 6. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that there is no dispute with regard to the subject property of the petitioner. The respondent No.4 has granted permission vide Permit No.3/C18/16685/2019 dated 19.11.2019. If there is any violation with regard to building construction, the respondent No.4 has to take appropriate action as per the Act, 1955. On the contrary, the respondent No.4 had addressed a letter to the respondent No.3 vide Lr.No.62/DCP/C18/GHMC/2021 dated 22.11.2021 for stopping of the registration of the subject document. The Registering Authority has no power to stop the registration of the subject document until and unless the subject property is under prohibited list as per Section 22-A of the Registration Act , 1908, or as per Standing Order No.219(b) of the Registration and Stamps Department. 7. For better appreciation, the Standing Order No.219(b) of the Registration and Stamps Department is extracted as follows: “S.O.219.(b) If a Court restrains a person from alienating a property and if he still choses to alienate it, it is he who contravenes the orders of the Court and not the Registering Officer. If, on the other hand, the Court gives a direction to the Registering officer/ Registration Department, the officer/Department is estopped from going ahead with the registration.” 8. In the instant case, without any notification under Section 22-A of the Registration Act , 1908, by stating that the subject property is under prohibited list for registration or no orders as per Standing Order No.219(b), the respondent No.3 has stopped the registration of the subject document. Therefore, the impugned Memo issued by the respondent No.4-GHMC vide Lr.No.62/DCP/C18/ GHMC/2021 dated 22.11.2021 to the respondent No.3 cannot be taken into account. 9. In view of unauthorized construction made by the petitioner, the GHMC authorities addressed a letter to the respondent No.3-Sub Registrar to stop the registration of the subject property of the petitioner as per Sections 428 and 433 of the Act, 1955. In fact, the Section 428 of the Act, 1955 refers to the notice to be given to commissioner of intention to erect a building and the Section 433 of the Act, 1955 refers to notice to be given to the Commissioner of intention to make additions.
In fact, the Section 428 of the Act, 1955 refers to the notice to be given to commissioner of intention to erect a building and the Section 433 of the Act, 1955 refers to notice to be given to the Commissioner of intention to make additions. The above said sections not given any power to the respondent No.4 to stop the registration of the property. 10. Therefore, the impugned Memo issued by the respondent No.4-GHMC vide Lr.No.62/DCP/C18/GHMC /2021 dated 22.11.2021 to the respondent No.3-Sub Registrar is liable to be set aside. 11. In view of the above findings, the writ petition is disposed of directing the respondent authority to receive, register and release the subject document presented by the petitioner without reference to the Lr.No.62/DCP/C18/ GHMC/2021 dated 22.11.2021 issued by the respondent No.4, subject to the petitioner complying with the provisions of the Indian Registration Act , 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse the document presented by the petitioner, if any other objections by duly assigning the reasons and communicate the same to the petitioner. 12. Miscellaneous petitions, if any, pending shall stand closed.