The High Court · 2025

Sri. Sunkari Venkatesh rO venkataiah, S/o.Gouraiah, Aged about. 5g years, private emptovee. R/o -, rloz-j-so'tp.iiInf ' H"i'o' Nobl-sri' sll fu;;;i Colony, Nagole , Hyderabad. ...PETITIONER 3:1,r?,31;1",m%?:i;Juo IifrS$t'5::,.",$lector' . The Tahasitdar/Joint sub . Sunkari yadaiah, S/o oour sunr<iiifi ;;;'i\4;;rly::i3*f ,.%: o, its principte secretary, Revenue Depbrtment Jansaon lntegrated cottector office, suryapet Road, lgg]:trpr, Tharigoppula Manda{, Jangaon District. j,f i8:f"1ffi ?!t?::,sg:.ll*Ji.,r. Ir?tfiiLt:l:ttH.4 and 5 are the R/o Tharisoppula Vilase and Mandar, (R4&R5 are not necessary parties) ...RESPONDENTS petition under Articre 226 0t the const,tution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue writ order or direction more particurarry one in the nature of writ of mandamus decraring the action of the respondent No 3 refusing to register the sare deed for the rand in survey No. 21rw1 extent ac 1-00 gts situated at Tharigoppula village and mandar, Jangaon district vide endorsement No. 812112025 dared 29t1t2025 0n the ground of respondent No. 3 is arso one of the i:'":",:1":'J";;x':::Jil:,,,"".:T';ff ff '::i::u j;::in: Registration Act 1g0g and arso viorative of articre 14,16 and3,oA of constitution of lndia consequenfly to setaside the same IANO:1O F 2025 PetitionunderSectionl5lcPCprayingthatinthecircumstancesstated in the affidavit fi|ed in support of the petition, the High court may be pleased to directtherespondentNo3toregisteredandreleasethesaledeedvideDharani slotBookingapplicationNo250004682Tdated2Tlll2o2sforthelandinsurvey No. 21ll(1 extent ac 100 gts situated at Tharigoppula village and Mandal' Jangaon District while suspending endorsement issued by the respondent No 3 videBr21r202s dated29t1r2o25 pending disposar of the above writ petition Counsel for the Petitioner: SRI' GUDI MADHUSUDHAN REDDY Counsel for the Respondent Nos' 1to3: AGP FOR REVENUE Counsel for the Respondent Nos' 4&5: - The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASI{AR REDDY WRIT PETITION No.2991 of 2025 ORDER: This writ petition is filed seeking to declare the action of respondent No.3 in refusing to register the sale deed for the land in Sy.No.21/K/1, to an extent Ac. 1'00 gts', situated at Tharigoppula Village and Mandal, Jangaon District uide endorsement No.Bl2ll2025, dated 29.O1.2025 on the ground of respondent No.3 is also one of the respondent in O'S'No'42 of 2025 on the file of Principal/Additional Junior Civil Judge, at Jangaon, as illegal, arbitrary and consequently prayed to set aside the same.

2. Considered the submissions of learned counsel for the respective parties and with their consent, this writ petition is disposed of at the admission stage. It is stated that the petitioner is the absolute owner and

3. possessor of agricultural land to an extent of Ac'1'14 gts', in Sy.No.21/K/ 1, along with other survey numbers, situated at Tharigoppula Village and Mandal, Jangaon District, having acquired the same from his father. It is further stated that the-rlfme of the petitioner has been recorded in all the revenue records and pattadar passbooks and title deeds have 2 CVBR, J Wp 2991 2025 also been issued in his favour in respect of the subject property, as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is further stated that in vievv of hnancial necessities, the petitioner intended to sell the land to an extent of Ac.1.OO gts., in Sy.No.21/K/1 and therefore, booked a slot in Dharani web portal for registration of the said property uide applncation No.25O0046827, dated

25.01.2025 in favour of the prospective purchaser. It is further stated that the purchaser has also paid necessary charges towards registration, stamp duty, mutation, etc., and the petitioner submitted all the documents in support of the claim of ownership. The case of the petitioner is that the Tahsildar/Joint Sub-Registrar has issued Endor sement uide No.B 121 12025, dated 29.O1 .2025, wherein, the registration of the document for the aforesaid extent of land was refused on the ground that respondent Nos.4 and 5 filed a suit uide O.S.No.42 of 2025 on the file of the Principal/Additional Junior Civil Judge, at Jangaon, over the very same subject property, in which the Tahsildar has been involved as one of the respondent and the same pending. Aggr:ieved thereby, the present writ petition is hled. I I // t/' -t CVBR, J Wp 2991 2025

4. Mr. G. Madhusudan Reddy, learned counsel for the petitioner has vehemently contended that in the absence of any injunction orders gralted by the competent Courts prohibiting alienation/ transfer of the property, the Tahsildar/Joint Sub-Registrar is not having any power or authority to refuse to receive the document for registration. Learned counsel further submitted that as per the Standing Orders 219(b)(3) issued by the Registering Authority, the Sub- Registrars are not empowered to refuse to receive any documents for registration in the absence of any injunction/restraining orders issued by the competent Courts prohibiting the alienation/ transler of property.

5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 3 has not disputed the submissions made by the learned counsel for the petitioner except stating that the suit instituted by respondent Nos.3 and 4 in respect of the very same subject lands is pending. It is further submitted that as per Rule 58 of the Telangana Rules under the Registration Act, 1908, the Registering Of{icer's are not having any power to enquire into the vatidity of a document brought to him for registration or to attend to any r.dlitten or verbal protest against the registration of a l I I 1 CVtsR, J wp 2991 2025 document based on the ground that the executing party had no right to execute the document; but he is bound to consider the objections raised on any of the grounds enumerated therein.

6. In view bf the above submissions, as it is stated that there is no injunction operating on the subject property and as it is settled that mere pendency of the cases does not take away the rights of the authority to entertain registrations, this Court is of the opinion that encls of justice would be met if dhe Tahsildar/Joint Sub-Registrar is directed to. examine the documents presented by the petitioner for registration, if the sarne are complied with all the requirements of the Indian Registration Act, 1908 and Indian Stamp Duty, 1899 and Rules made thereunder and if any of the claims have been submitted on the subject property, consider the claims of the third parties and if there is no injunction order restraining for alienation/transfer of the subject property, the Tahsildar/Joint Sub-Registrar is directed to entertain the documents and if otherwise, the petitioner is not entitled for the same, he shall pass a reasoned order and communicate the same to the petitioner in accordance with law. 5 CVBR, J Wp 2991-2025

7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs' As a sequel, the miscelianeous petitions pending' if any' shall stand closed SD/-A.SRINIVAS REDDY / ASSISTANT REGIFTRAR / d,/ SECTIONY'OFFICER //TRUE COPY// \ To,

1. The Principle Secretary' Revenue Department Secretariat' T'S 'Hyderabad i;id;JtEJ cott"ctor office' Suryapet Road' 2. The District collector, "ft:;; 1111'#*q$,iiplp'ff8.li!g'il[fl u*##ttst]Hn#.r"";:l;. o. Two CD CoPies Hvderabad [OUT] (9?'M /BSK "A ,/, l HIGH COURT DATED:1 110212025 ORDER WP.No.2991 of 2025 CC TODAY sE STAI t Y 3 14 ttB 2[?5 ) ? z a .L I D+ ESP !..7 Y,',. DISPOSING OF THE WRIT PETITION WITHOUT COSTS €