IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE 4th DAY OF JULY, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.28272 of 2009 Between: Chikka Ramesh Babu … Petitioner And The Sub-Registrar, Bhongir and others … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.28272 of 2009 ORDER: - (Per Hon’ble Sri Justice K.C.Bhanu) A Social Worker of Bhongir Town filed the present writ petition in the form of Public Interest Litigation for issuance of a writ of Mandamus to declare the action of the respondents in registering the property without the approval of respondent Nos.4 to 6 as illegal, arbitrary and contrary to the law and also A.P.Municipalities Act, 1965, as well as the provisions of A.P.Urban Area Development Act, 1975. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner aspired to develop the Bhongiri town without any hindrance in future for not having minimum facilities such as roads, drainage, parking, bus shelters and other facilities and narrow roads and irregular structures, in the interest of public at large, who were being suffered if the registration of the land is not stopped. It is further stated that there is no lay out sanctioned by the municipality which is contrary to law and, therefore, registering the property in favour of the unofficial respondent Nos.7 to 9 without sanctioning the approved lay out as illegal and correct. The intention of executing the said agreement by the vendor in favour of respondent Nos.7 to 9 makes the private respondents to sell the property by plotting the same in favour of the persons situated in and around Bhongir town. It is the obligation on the part of the private respondents to obtain lay out plan, which shall be sanctioned by respondent No.4 and without any such lay out plan sanctioned by respondent No.4-Municipality, the sale becomes illegal. Hence, the writ petition. Respondent No.4-the Commissioner, Bhongir Municipality filed the counter-affidavit inter alia stating that if any person intends to subdivide the land into plots, he should obtain layout approval from the competent authorities under Sections 184 and 185 of A.P.Municipalities Act, 1965 and Hyderabad Metropolitan Development Act, 2008. It is a fact that layout owner should provide the infrastructure facilities like Roads, Drainage, Water supply and Streetlights. Therefore, the Municipality prays to dismiss the writ petition. The unofficial respondent Nos.7 to 9, filed separate counter affidavit stating that there is no bar for registering the land and that they have purchased the land under agreement of sale-cum-General Power of Attorney. It is specifically stated that the writ petitioner filed the writ petition furnishing his address as 3-9-170/1, main road, Bhongir Taluk and that he filed an application dated 11.05.2010 to respondent No.4 under R.T.I.Act, seeking to inform him as to whether there is any house bearing House No.3-9-170/1 in the Bhongir Municipality and in reply thereto, the Public Relation Officer of respondent No.4, in his letter No.C1/744/2010/RTI/118, dated 21.05.2010 stated that there is no house bearing No.3-9-170/1 and thus it can be said that the writ petitioner filed the writ petition in a fictitious name and address with a view to harass these respondents. The said averment has not been challenged by way of any reply affidavit filed by the petitioner. There is no legal bar for respondent No.4 to intimate the registration authorities not to register the property, when a property is validly been transferred under T.P.Act. The registering authority cannot refuse to register the property, unless the competent authority issued any such direction in pursuance of the provisions of the Registration Act not to register the land. Admittedly there is no prohibition from the competent authority under the Registration Act not to register the land to an extent of Ac.7-12 guntas in S.No.18 in Bhongir town in favour of the purchasers. Therefore, the prayer in the writ petition not to register the property in favour of the unofficial respondents without the approval of respondent Nos.4 to 6 cannot be maintained in the absence of any law and giving a wrong address by the petitioner may be due to score out his personal interest. Therefore, the writ petition appears to be a frivolous one. Accordingly, the Writ Petition is dismissed. No costs. ________________ A.GOPAL REDDY, J ____________ K.C.BHANU, J 4th August 2010 lmv