Lavu Rohit Reddy v. Registration Department Secretariat, Hyderabad

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 the respondent No.3 to receive register and release the Sale Deed release the Sale Deed presented on behalf of the learned Addl Senior civil Judge Medchal-lt/alka.igiri District on behalf of the vendors VVVSN Chowdary and another in favor of the petitioner in respect of an extent of Ac 0.21 guntas out of Ac '1 .00 guntas in Sy No, 505 of Bowrampet Village Qutbullapur Mandal Medchal-Malkajgiri District in pursuance of the judgment and decree dated 4-9-2023 in OS No, 63 of 2023 and orders in EP no, 46 of 2023, by setting aside the endorsement No.B/135/2025 dated 11'02'2025. (Prayer amended as per Court Order dated 0210512025 in lA.No.2/2025) Counsel for the Petitioner: SRI G.RAVI CHANDRAN Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION N0.8956 of2025 ORDER: Heard learned counsel appearing for the petitioner and learned Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Learned counsel for the petitioner submits that the petitioner is the agreement holder in respect of the Agricultural land admeasuring to an extent of Ac.O.21 guntas out of total extent of land of Ac.1.OO guntas in Sy.No.SOS situated at Bowrampet village, euthbullapur Mandal, Medchal-Malkajgiri District, which was executed by one MT.VWSN Chowdary and another on 25. ll.2ol7, for a tota,l sale consideration of Rs.32,14,SOO/-. He further submits that one P.Subhadra is the original pattadar and possessor of an extent of Ac.O.35 guntas and one Mr. Sukkayya and his rr4rther named Smt. Gangamma are the pattadars and 2 SK, J w.P.No.8956 of 2o25 possessors of an extent of agricuLturat land Ac'O' 18 guntas tn Sy.No.5O5 and all the three were issued with pass book Nos.72125 and 427993 and title deed Nos'36 176 and 43078 respectively by the Tahsildar' Quthbullapur Mandal' While it being so, the said Subhadra along with her family members had sold an extent of Ac'O'22 guntas out of their total extent of Ac.O.35 guntas of land and Mr'sukkayya and his mother Gangamma had sold their extent of Ac'O' 18 guntas of land in Sy.No.5O5, totaling to Ac'1'OO guntas to one Mr' T'Peddakapu and three (3) others uide Registered Sale Deed bearing document No.692o of 2006, dated 10.03.2006 and the same was registered with SRO' Medchal' Thereafter' Mr. T.Peddakapu and three others have sold the said extent of land to WVSN Chowdary and another under Registered Sale Deed. bearing Document No'29020 of 2006' dated 07.12.2006 and the sarne was also registered with SRO' Medchal. 3 SK, J W.P.No.8956 of 2O25

3. Learned counsel for the petitioner further submits that after the purchase, the said MT.VWSN Chowdary and another had made an application for mutation and the Tahsildar, Quthbullapur Mandal has issued the mutation proceedings No.6162 of 2OO7, dated 30.06.2007 by duly ordering for mutating their narnes in the revenue records with respect to the land to an extent of Ac.1.O0 guntas situated in Sy.No.SOs/E.E/AA, but they were not issued any pattadar pass book in respect of the subject land. Thereafter, the said VWSN Chowdary and another had executed al agreement of sa,le dated 25.11.2017 in the petitioner's favour for an extent of Ac.0.21 guntas out of Ac.1.OO guntas and the petitioner had paid Rs. 10,O0,00O/- as part sale consideration in advalce and thereafter, he made part-payments of Rs.1O,OO,OOO/- on 78.O2.2Ola, Rs.5,OO,0OO/- each on

15.05.2019 and 04.lO.2Ol9 respectively, totaling to an amount of Rs.3O,OO,OOO/- out of a total sa,le consideration of Rs.32,14,50O/- and also obtained the cash receipts from !-\ _^.1 .l 4 sx, J W.P.No.8956 of 2O25 them and as such, Rs.2,14,500/- was the balance amount which the petitioner would have to pay and the same was agreed to be paid at the time of registration of the property in his favour. He further submits that in spite of payment of maximum of the total sale consideration, the said WVSN Chowd ary and another did not come forward to register the said lald in favour of the petitioner. As such, the petitioner had issued legal notice daled 27.01-2023 and the same was served. on them on 24.02.2023 and 27.O2'2O23 respectively, but there was no response from them' Therefore, the petitioner had filed a Suit for Specific Performance of the agreement of sale dated 25.11.2017 uide O'S'No'63 of 2023 on the file of the Additiona-l Senior Civil Judge, Medchal- Malkajgiri District and sought refund of Rs'30,OO,00O/- as an alternate relief.

4. Learned counsel for the petitioner further submits that during t1le trial, the said VWSN Chowdary and another were set ex-parte on 25.07.2023 and the learned Additiona-l a 5 sK, J W.P.No.8956 of 2O25 Senior Civil Judge, Medchal-Malkajgiri District after recording the evidence of the petitioner herein as pW. 1 and marking of Exhibits A. 1 to A.9 had decreed the suit ulde Judgment and Decree dated 04.09.2023, by directing the said WVSN Chowdary and another to execute the Registered Sa_le Deed in favour of the petitioner by receiving the barance sare amount of Rs.2,14,500/-, failing which the sale deed would be executed through court process and alternatively directed the defendants to refund Rs.3O,OO,OO0/- to the petitioner with an interest @ 24% per annum from the date of agreement till the date of liling of the suit. Despite the same, the said VWSN Chowdary and another did not choose to execute the Registered SaIe Deed in .favour of the petitioner herein and as such, the petitioner had frled E.p.No.46 of 2023 seeking for registration of the sale deed in his favour by the Court, which had passed the Decree and Judgment dated O4.O9.2O23 and a-lso deposited the balance sa_le amount of Rs.2,14,500/- before the trial Court. Thereafter, as per the --\ \l -",r 6 SK, J W.P-No.8956 of 2025 directions of the trial Court, the draft sale deed was prepared and the learned Additional Senior Civit Judge, Medchal, representing the VWSN Chowdary and another was shown as vendor and the petitioner as vendee and has addressed a letter to the respondent No.3 vide Dis.No. 104 of 2024 daLed O3.O5.2O24, stating that as per the Decree and Judgment dated 04.09.2023 in O.S.No.63 of 2023 and the orders 1n E.P.No.46 of 2023, the said sa-le deed is being sent, along with a Junior Assistant named Sri S.Sai Shankar, to him for registration in favour of the petitioner and the respondent No.3 was directed to send the original registered sa.1e deed to the trial Court.

5. Learned counsel for the petitioner further submits that when the petitioner along with the Court representative approached the respondents for registration of the sale deed, the respondent No.3 issued impugned Endorsement No.B/135/2025 dated 11.O2.2O25 and stated that on verihcation of the Dharani portal, Sri WVSN Chowdary ald / ) \ 7 SK, J W.P.No-8956 of 2O2S Sri A Prasad were not reflected as pattadars in pa-Lani, whose narnes mentioned in E.p.No.46 of 2023 in O.S.No.63 of 2023, therefore, it was not possible to execute the sale deed in respect of land to al extent of Ac.O_2 1 guntas in Sy.No.SOS situated at Bowrampet Village and have refused to register the said sa_le deed in favour of the petitioner. Aggrieved by the same, the petitioner hled the present writ petition.

6. Learned Assistant Government pleader for Stamps and Registration appearing for the respondents, basing on the instructions dated, O2.O4.2O2S issued by the Tahsildar, Gandimaisamma-Dundigat Mandal, submits that as per Sethwar Sy.No.SOS, admeasuring Ac.2.2T Guntas, situated at Bowrampet Village, which was classihed as patta land and on verihcation of the Manual pahali for the year 2Ol4-15 and as well as the Dharani pahani for the year 2024-25, it was found that neither the said narnes, WVSN Chowdary and another nor the name of the petitioner were recorded in the revenue records with respect to the land to an I SK, J W.P.No.8956 of 2O25 extent of Ac.O'21 Guntas ln Sy.No.505, situated at Bowrampet Village ald further it was also found that the petitioner herein had not submitted any Sale Deed through Dharani for registration, hence' requested this Court to dismiss the Writ Petition as devoid of merits'

7. After hearing both sides and on perusing the entrre material on record, this Court is of the considered view that the petitioner is the agreement holder of the Agriculturai land admeasuring to an extent of Ac'O'21 guntas out of total extentoflandofAc.l.o0guntasinSy.No.5o5situatedat Bowrampet Village, Quthbullapur Mandal' Medchal- was executed bY one Malkajgiri District and the sarle 25.11.2O!7, for a total MT.WVSN ChowdarY and another on sale consideration of Rs'32'14'5OO/-' Thereafter' the petitioner has frled a Suit for Specihc Performance of the agreement of sale dated 25'11'2OL7 in O'S'No'63 of 2023 orr the hle of the Additional Senior Civil Judge' Medchal- Malkajgiri District and sought refund of Rs'3O'OO'OOO/- as an 9 sK, J W.P.No.E956 of 2025 alternate relief. The said suit was Decreed by the tria-l Court on 25.07.2023 by directing the said VWSN Chowdary and another to execute the Registered Sale Deed in favour of the petitioner by receiving the balance sa-le a-rnount of Rs.2,14,500/-, failing which the sale deed would be executed through Court process and alternatively directed the defendants to refund Rs.30,00,000/- to the petitioner with an interest @ 24% per annum from the date of agreement to till the date of filing of the suit.

8. Thereafter, the petitioner has liled E.P.No.46 of 2023 seeking registration ofthe sale deed in his favour by the Court, which had passed the Decree and Judgment dated O4.O9.2O23 and also deposited the ba-lance sale amount of Rs.2,14,500/- before the trial Court. Thereafter, as per the directions of the Court below, the draft sa-le deed was prepared and the learned Additional Senior Civil Judge, Medchal, representing the WVSN Chowdar5r and another was shown as vendor and the petitioner as vendee and has !- i .1 sx, J tr .P.No-8956 of 2025 addressed a letter to the respondent No.3 uide Dis.No.104 of 2024 datedO3.O5.2O24.

9. Now, the Registering Authority refused to register the document presented by the Court representative in favour of the petitioner on the ground that the narnes of MT.WVSN Chowdary and another, whose narnes mentioned in the O.S.NO.63 of 2023 and E.P.No.46 of 2023 were not reflected 1n Dharani portal i.e. revenue record with respect to the Agricultural land admeasuring to an extent of Ac.0.21 guntas out of tota-l extent of land of Ac. 1.00 guntas in Sy.No.505 situated at Bowrampet Village, Quthbullapur Mandal, Medchal- Malkaj giri District.

10. The Registering Authority has no power and jurisdiction to verify the title of the scheduled property as held by the Hon'ble Supreme Court and this Court. Therefore, the Endorsement No.B/ 135 /2025 dated

17.02.2025 issued by the respondent No.3 is liable to be set aside. 11 SK, J qr.P.No.E956 of 2O25

11. The Honble Supreme Court of India has passed Judgment in K.Gopt Vs The Sub-Registrarr with regard to the registration of the document ald the relevant portion of the above Judgment is as follows: "The regrstering ofhcer is not concerned with the titte held by the executant. He has no adjudicatory power to decide whether the executant has any title. Even if al executant executes a sale deed or a lease in respect of a land in respect of which he has no title, the registering ofhcer cannot refuse to reglster the document if all the procedural compliances are made and the necessary stamp duty as well as regisfation charges/fee are paid. We may note here that under the scheme of the 19O8 Act, it is not the function of the Sub-Registrar or Registering Authority to ascertain whether the vendor has title to the property which he is seeking to transfer. Once the registering authorify is satished that ttre Pa,rties to the document are present before him and the parties admit execution thereof before him, subject to making procedural compliances as narrated above, the document must be registered. The execution and registration of a document have the effect of transferring only those rights, if any, that the executant possesses. If the executant has no right, title, or interest in the property, the registered document cannot effect any trans[er. 12. In view of the above circumstances and a-lso following the Judgment passed by the Hon'lcle Supreme Court in .I(. Gopl's case (supra 1) and for the reasons mentioned therein, this Writ Petition is disposed of by setting '2025 SCC OnLIne SC 740 \l - i '.t t2 SK, J w.P.No.8956 of 2O25 aside the Endorsement uide No.B/ 135/2025 dated

11.O2.2O25 and directing the Registering Authority to receive, register and release the document submitted by the representative of the Court of the Additional Senior Civil Judge, Medcha-l in favour of the petitioner subject to the condition of the said document complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. There sha-ll be no order as to costs.

13. Miscellaleous Petitions, if any, pending in this writ petition sha1l stand closed. //TRUE COPY// SD/ , PONNA KRISHNA SI TANT REGISTRAR SECTION OFFICER The Principal Secretary Stamps and Registration Department Secretariat' Hvderabad, State of Telengana ifr; C#;i;6nli ano lnjpector General of Registration and Stamps' Telenoana Hvderabad. inlii"riiiti,ilriinJLoint Sub-Registrar, Dundigal Medchal-Malkajgiri District The District Collector, Medchal-ttlalkajgiri District on"-Cc to sRl G.RAVI CHANDRAN,'Aoyocgle tQe^lpl - i*" cc.i"-e i FoH srnvps AND REGIsrRATloN, High court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies - -. . ^ To 1 2 J 4 E 6 7 PSK. GJP HIGH COURT DATED:0210512025 ORDER WP.No.8956 of 2025 THE S14 re ( o ,J 2 3 ,lult 296 ({ '-I -. I i. .t = .,1 ,// DISPOSING OF THE WRIT PETITION WITHOUT COSTS \.D t ),bE