High Court · 2025

1 M/s PRAGATI RETREAT (lNDlA) Wel.Com Private Limited, a Company incorporated under the Companies Act, 1956, bearing Corporate ldentification No.U72200TG2000PTC034307, being allotted PAN No. AADCP8044K and having its registered office at Plot No. 13554,3rd Floor, Road Nos. 1 and 45, Jubilee Hills, Hyderabad. Represented by its director. Sri G. Ajay Chandra. Mis PGM Real Estates Private Limited, a company incorporated under the Companies Act, '1956, bearing Corporate ldentification No.U70102TG 4 2005PTC047846, being allotted PAN No. AAECP0007B and having its registered office at Sy.No.426, Pragati Resorts, Chilukur Balaji Temple Road, Proddutur Village, Shankarapally Mandal, Rangareddy District. Represented by its director. Sri G. Ajay Chandra. It//s PGM Avenues Private Limited, a company incorporated under the Companies Act, 1956, bearing Corporate ldentification No.U70102 TG 2OO5PTCO47B45, being allotted PAN No. AAECP000BQ and having its registered office at Sy.No. 426, Pragati Resorts, Chilukur Balaji Temple Road, Proddutur Village, Shankarapally tr/andal, Rangareddy District. Represented by its director. Sri G. Ajay Chandra. M/s PGM Builders Company Private Limited, a company incorporated under the Companies Act, 1956, bearing Corporate ldentiftcation No.U70102TG2O05PTCO47847, being allotted PAN No. AAECP0009R and having its registered office at Sy.No.426, Pragati Resorts, Chilukur Balaji Temple Road, Proddutur Village, Shankarapally Mandal, Rangareddy District. Represented by its director- Sri G. Ajay Chandra. M/d Pragati Gieen Meadows and Resorts Limited, (formerly known as M/s Pragati Green Meadows and Resorts Private Limited), a company incorporated under the Companies Act 1956, bearing Corporate ldentification No. U01 120TG1996P1CO22932, being allotted PAN No. AACCP5283H and having its registered office at Plot No. 13554, 3rd Floor, Road Nos. 1 and 45, Jubile-e Hills,-Hyderabad. Represented by its director. Sri G. Ajay Chandra. . M/s PGM Honies India Private Limited, a company incorporated under the Companies Act, 1956, bearing Corporate ldentification No.U70102TG2005PTC047848, being allotted PAN No. AAECP0005D and having its registered office at Plot No. 42, Road No.5, Jubilee Hills' Hyderabad. Represented by its director. Sri G. Ajay Chandra. M7s Pragati Bid-Phamna Piivate Limited, a company incorporated_under the Compan-'res Act g56, bearing Corporate ldentification No. U 24239 TG 2003PTC041591 , being allotted PAN No. AADCP4003C and-having-its registered office at Houie No. 9-4-86172, Ground Floor, Salarjung Colony, Toli Chbwki, Hyderabad. Represented by its director. Sri G. Ajay Chandra. Sri. P Buchhinayudamma, S/o Late Venkateswarlu, Aged about 52 years, Occ. Business, Rl/o Plot No. 26, Green Avenues, Nizampet Road, Opp. Bhavyas Anandam, Kukatpally, Hyderabad. Rep. by his AGPA Holder. M/s 6 7 8 5 i i l I Pragati Green lrileadows and Resorts Limited, Repre-s_ented by its Qirector. Sri G.-Ajay Chandra S/o Dr. G.B.K. Rao, (vide AGPA No 3256/13 dated 27 .1 2.2O 1 3, R.eg istered at SRO, Shankarpally). Represented by their Agreement of Sale-cum-General Power r.)f Attorney with Poisession H<ilder, w6ich was validated vide File No.751/l\Fy2025 dated 05.02.2025 by the District Registrar, Ranga Reddy District. Smt. G.V. Kumari W/o Dr. G.B.K. Rao, Aged about 66 years, Occ. Business, being allotted Pan No. ADBPG1395E, Rl/o Plot No. 42, Roarl No.S, Jubilee Hills' HYderabad ...PETrroNERs AND

1. The State of 1-elangana, Rep by its Principal Secretary Revenu,-' (Stamps and Registration), Secretariat, Hyderabad. 2. The District Registrar, Ranga Reddy District. 3. The Sub Registrar, Shankarpally, Ranga Reddy District. ...RES'.NDENT' Petition under Article 226 of the Constitution of lndia pray ng that in the circumstances staled in the affidavit filed therewith, the High (lourt may be plpased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent i.e., The Sub Registrar, Shankarpally, Ranga Reddy District, in refusing to re:eive, register and release the Sa ,: Deed presented by the petitioners in respect rrf Plot bearing Nos.113 (534 Sq.Yarrls), 114 (534 Sq.Yards), 115A (267 Sq.Ya'ds), 117 (534 Sq.Yards), 128 (534 fiq Yards), 125 (534 Sq.Yards), 143 (534 Siq.Yards), 145 (534 Sq.Yards), tolal admeasuring 4,005 Sq.Yards, in Pragati ,3reen lslands Phase-ll, Covered under Sy.Nos.314,315 and 316, situated at Targutur Village, Shankarapally [V1andal, Ranga Reddy District, on the ground of the document is based on the validated document as a link document and validated document cannot be treated as a Link Document vide Letter C and lG Endt.No.ClG.Mail/ARiIlOOB, dated 02-01-2008 issued by the respr:ndent no.2, is illegal, arbitrary, in ',riclation of Articles 14,21 and 300-4 of Const tution of lndia and also in violation of Registration Act, 1908, besides in violation :rf principles of natural justice and consequently to direct respondent No.3 tc receive and register the Sale Deed presented by the petitioners in respect c,f Plot bearing Nos.113 (534 Sq.Yards), 114 (534 Sq.Yards), 115A (267 Sq.Yards), 117 (534 Sq.Yards), 128 (53,4 Sq.Yards), 129 (534 Sq.Yards), 143 (534 Sq.Yards), 145 (534 Sq.Yards), tota! admeasuring 4,005 Sq.Yards, in Pragati (3reen lslands Phase-ll, Covered urnder Sy.Nos.314, 315 and 316, situated at Tangutur Village, Shankarapally Mandal, Ranga Reddy District, without reference of Letter C and lG Endt.No.ClG.Mail/AR/2Oo8, dated O2-O1-2008 issued by the respondent no.2 lA NO: 1 OF 2025 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondent No.3 to receive and register the Sale Deed presented by the petitioners in respect of Plot bearing Nos.1'13 (534 Sq.Yards), 114 (534 Sq.Yards), 115A (267 Sq.Yards), 117 (534 Sq.Yards), 128 (534 Sq.Yards), '129 (534 Sq.Yards), 143 (534 Sq.Yards), 145 (534 Sq.Yards), total admeasuring 4,005 Sq.Yards, in Pragati Green lslands Phase-ll, Covered under Sy.Nos.314, 31 5 and 316, situated at Tangutur Village, Shankarapally Mandal, Ranga Reddy District, without reference of Letter C and lG Endt.No.ClG.lMail/AR/2008, dated 0+01-2008 issued by the respondent no.2, pending disposal of the above writ petition Counsel for the Petitioners: SRI KATIKA RAVINDER REDDY Counsel for Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER I SK, J \V P. \o.8556 of 2025 THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.8556 of 2025 ORDER: Fle ,rrd learned coun sel for the petitioners and learned (ir;r,ernment Pleader for Stamps and Regislration and perused ttre t-'ntire material on record 2 Lt::u-ned counsel for the petitioners submils that the issue involv,:d in this writ petition is squarely covered by the order pass;ect b1, this Court in W.P.No.16310 of 2019 and batch dtrt-r:d 11.O1.2023 and also the recent Jurdgrrrent of the Hon'b1e St,tp,rsms Court in K. Gopi Vs. The Sub-Registrarr and reque:;t,:d to pass similar order in this q,rit peti,ion Lr::u-ned Government Pleader for St€r,mps and Registratir.rn has not disputed the submission mrLde by the learned c,,,1 lrsel for the petitioners. He submits, that the petitioners, Lrave not submitted the document cefore the responclents and if they submit the document, they have to consider the, 5a1ns subject to compliance of the prcvisions of the Registrat:on Act, 1908 and the Indian Stamp Act, 1899 t 2025 SCC Or.1l- n( sl(l 7.10 I 2 SK, J W P.No.8556 of 2025 4 The relevant portion of in W.P.No. 16310 of 2019 and batch dated 11.01.2023 is as under:

13. The power of thc registering authority to refuse registration is only, if any of the grounds or objections that are enumerated under the provisions of the Registration Act, 1908, and the Rules made thereunder in particular Sections lg,20,21, 22_A, 34, 35 and. rule 58 of the Telangana Rules under the Registration Act, 19Og, are existing in respect oI any such document presented for the registration. Except, the grounds or objections that are enumerated under the provisions of the Registration Act, 190g, the registering authorities have no authority to refuse registration of a documcnt oL-t any othcr ground. As alrcady noted above, the ground on which the impugned refusal orders in all these batch of Writ petitions are passed is that the link document shol,r,n in the respective documents is a validated and an unregistered document. By looking into a vatidity of the link document, the registering authority is indirectly verifying whether the executants of the respective documents arc having valid title or not to execute the documents in question. As held in the above referred judgment in the case of Dr- yadla Ramesh Naidu (1 supra), the registering authority is not entitled to go into the title of the parties to the document. It is a settled law that the vendee under a docurnent will not get a better title than his venrior and in case if vendor is not having a valid title over the property which is the subject matter of a particular document, the vendee under the said document does not get any title over such property and mere registration of such document will not have an effect on the property which is the subject matter of the said document.

14. As rightly conceded by the tearned Government pleader for Starnps and Registration, the registering authorities are not entitled to refuse registration of a document on mere ground that the tifle of the executants of the respective document is based upon the validated document, though the same is compulsorily registerable document cannol be accepted and such a ground is not available to . I 1 i,ffirF I I I i 3 SK, J \r' P. {o.8556 of2025 thc regirilcling authorities to refuse registration of a doctrrlent on that gro Lrr ci. L(). in the light of the above, this Court is unhesitarrt to hold that thc r'r.lpondent registering authorities are not entitled tl refuse registra:io n of a clocument on the ground that the link dccument referred l( in the respective document is a vahdated docurn(nt or to r^lu\p r, 's ralror'r ol such documcnl bj plar irrg r, ltanr-e on endorscrn,)rt, dateal O2.0l.2OOB, issued b) the Lonrnissiorer and Inspector (iencral of Stamps and Registration. Accordln 111t, the impugo.cl ,rrders in the respective Writ Petitions are sct as,ide and Writ Pe:itions are allowed with a further direction 1o the resr)ondent registcr'.r1, authorities to reccive the returned documents and to p|ocess tlr{: sarnc subjcct to the condrtron ol the said do( uments complving ,vith the provisions of the Registration Act, 1908 and the Indian l)tarcp Act, 1899. 5 In K. Gopi's CASC (supra 1 ), the Hon'blr: Supreme Court l-reld asi under, I \ "!'be registering officer is not concerned rvith the tltle held by the exe,rLl,iLnt. He has no adjudicatory. pou.er to dccide rvire -her the execLLtant ilas anl, title. Ilven if an executant executes a sale deed or a leas,: n especl ofa land in respect of q,hich he has no,itle, the registerinlj ofliccr cannoL rcfuse to register the documert i all the proccdl rel comphances are made and the necessar]' starnp duty as u,ell as rcE;istration charges/fee are paid. We mal' note htre that under the :;chcme of the 1908 Act, it is not the function of the Sub- Registrar or Registering Authority to ascertain \\,hclher th( vendor has tirl,: r c thc property which hc is secking to tr-ansfcr. ( nce the registerirll authoritY is satrsficd that the parties to the docun]ent are prescnt blbre him and the parties admit execution therec,f before him, st- :j:,:t to making procedural compliances as narrate( I above, the doc ,ur x'nt must be registered. The execution and registra tion of a document have the effect of translerring only those rights if any, that thc cxecuLant possesses. If the executant has no right, title, or interest ir, the property, the registered document cannot ef'ect any transfcr. ( I I 4 SK, J w.P.No.8556 of 2025

6. In view of the order passed in W.p.No. 16310 of 2019 and batch dated 11.01.2023 and also the Judgment of the Hon'ble Supreme Court in K. Gopi's case (supra 1 ) arrd for the reasons mentioned therein, the Writ petition is allowed directing the respondent authorities to receive and register the sale deed presented by the petitioners in respect of the subject plots without reference to the Letter C & IG trndt. No.CIG.Mail/AR/2OOB dated 02.01.2008 issued by the respondent No.2 ald subject to condition of the said documents complying with the provisions of the Registration .) Act, 1908 and the Indian Stamp Act, 1899. There shall be no order as to costs. 7 . Miscellaneous petitions, if any pending in this writ petition, shall stand closed. //TRUE COPY// SD/-MOHD.ISMAIL ASSISTANT REGISTRAR CTION OFFICER To,

1. The Principal Secretary Revenue (Stamps and Registration), State of ^ Telangana, Secretarial t-tvOeraO]if .-- 2. The District Registrar, naigj Reddy District. 3. The Sub Reqisirar. S 4d;cb-to-s";?IiiiiH,lfl f"?,XeTSlXiHXlXp""Jt8i 5' f*.o ccs to Gp For stampsAno n"riiit,-iiilii,lign court for the State of 6. Two CD Coiies *rfr"'-Y Telanqana. IOUTI MBC/BSK I HIGH COURT ) DATED: 1010412025 ( t o 1B E SIAI 1 1 HP 2025 o I ( cTl ORDER WP.No.8556 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,tIrd L6 €