High Court · 2025

5. Smt. G.V. Kumari, Wo Dr. G.B.K. Rao, Aged about 66 Years, Occ. Business, being allotted PAN No. ADBPG1395E and D|N.00097800, Rl/o Plot No.42, Road No.5, Jubilee Hills, Hyderabad. Represented by their Agreement of Sale-cum-General Power of Attorney Holder. Smt G.V. Kumari W/o Dr. G.B.K. Rao, aged about 66 years, Occ. Business, being allotted Pan No. ADBPG1395E and D|N.00097800, Fl/o Plot No.42, Road No.5, Jubilee Hills, Hyderabad. AND

1. The State of Telangana, Rep by its Principal Secretary Revenue (Stamps and Registration), Secretariat, Hyderabad. 2. The District Registrar, Ranga Reddy District. 3. The Sub Registrar, Shankarpally, Ranga Reddy District. ...PETITIONERS ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus decladng the action of the 3rd respondent i.e., The Sub Registrar, Shankarpally, Ranga Reddy District, in refusing to receive, register and release the Sale Deed presented by the petitioners !n respect of Plot bearing Nos.247 (500 Sq.Yards),264 (500 Sq.Yards),265 (500 Sq.Yards),274 (Sq.Yards), 279 (500 Sq.Yards), 309 (1000 Sq.Yards), 315A (500 Sq.Yards), 31 5C (700 Sq.Yards),316 (500 Sq.Yards),317, (500 Sq.Yards),318 (500 Sq.Yards),319 (500 Sq.Yards),319A (500 Sq.Yards),332 and 332A (1000 Sq.Yards), 3328 and 332C (1000 Sq.Yards),362 (500 Sq.Yards), 363 (500 Sg.Yards), 366 (500 Sq.Yards), 366A (500 Sq.Yards), 387 (500 Sq.Yards), 388 (500 Sq.Yards), 3Bg (500 Sq.Yards), 390 (500 Sq.Yards), 406 (500 Sq.Yards), 407 (500 Sq.Yards) and 550 (400 Sq.Yards), total admeasuring 14,600 Sq.Yards, situated in Pragati Green Valley, Sector-C, Covered under Sy.Nos.72lAA, 74lAA, 79, 69iAA, 68/A4, 73lA, 741E, 72lAAl2 Parl, 7BlAl1 Parl, 721A, 73tN2, 81tA, B2lA, 741A, 711A, 71lAAl1, 73lAAl1, 7BlAl1 , 731N1, B1/AA, B2IAA, 73lAAl5, 7BlAl1, 68/A/3, 81lE, BzlE, 72lAN2, 74lANt2, 691E, 7BlAl1 , 72tAAt2,64tN1,4,5, 66/AA/1 ,68lAl1 , 4,5,691N1,4,5,701A, EE, VU, 64lAAl3, 66/AA/3, 69/4A/3, 701E, 74lAAl2, 64lAAl2, 68lAl2, 69l{13, 70/AA, 671N1 , 66/Atu3, 65/A4, 6s/A2l2, 671A112,66/AA/3, 67lAAl4, 67lAN1, 671A112, 67lAA, situated at Medipally Village and Grampanchayath, Moinabad Mandal, 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 & lG Endt,No.ClG.Mail/AR/2008, dated 02-01-2008 issued by the respondent no.2, is illegal, arbitrary, in violation of Articles 14, 21 and 300-A of Constitution of lndia and also in violation of Registration Act, 1908, besides in violation of principles of natural justice and consequently to direct respondent No.3 to receive and register the Sale Deed presented by the petitioners in respect of Plot bearing Nos.247 (500 Sq.Yards), 264 (500 Sq.Yards), 265 (500 Sq.Yards),274 (Sq.Yards), 279 (500 Sq.Yards),309 (1000 Sq.Yards), 315A (500 Sq.Yards), 315C (700 Sq.Yards), 316 (500 Sq.Yards), 317 .t I I (500 Sq.Yards), 318 (500 Sq.Yards), 319 (500 Sq.Yards), 319A (500 Sq-yards), 318 (500 Sq.Yards),319 (500 Sq.Yards), 319A (500 Sq.Yards), 332 and332A (1000 Sq.Yards),3328 and 332C (1000 Sq.Yards),362 (500 Sq.Yards),363 (500 Sq.Yards), 366 (500 Sq.Yards), 366A (500 Sq.Yards), 3S7 (500 Sq.Yards), 388 (500 Sq.Yards), 389 (500 Sq.Yards), 390 (500 Sq.Yards), 406 (SOO Sq.Yards), 407 (500 Sq.Yards) and 550 (400 Sq.Yards), total admeasuring 14,600 Sq.Yards, situated in Pragati Green Valley, Sector-C, Covered under Sy.Nos.72lAA, 7 4t AA, 79, 69/A4, 68/AA, 7gl A, 7 4tE, 72t AAt2 p an, 7Bt At 1 p an, 721A, 73lAl2, 81tA, 82tA, 74tA, 71tA, 71tAAt1 , 73tAN1, 7BtAt1 , 73tN1, B1lAA, 82lAA, 73tAN5, 7BtAt1, 68/A/3, 81/E, 82tE, 72tAN2, 74tAN2, 69tE, 7StAt1, 72lAAl2, 64tAt1 , 4,5, 66/44/1 , 6BtA/1, 4, 5, 6StN1, 4, 5,70tA, EE, VU, 64tAAt3, 66/AA/3, 69/AA/3, 70tE, 74tAAt2, 64tAN2, 6BtAl2, 69tAt3, 7otAA, 67tN1, 66/44/3, 65tAA, 65tA2t2, 67tA,1t2,66/AA/3, 67tAAt4, 67tAAt1 , 67tA1t2, 67tAA, situated at Medipally Village and Grampanchayath, lVloinabad Mandal, Ranga Reddy District, without reference of Letter C & lG Endt. No.ClG.IvlailiAF/2o08, dated 02-01-2008 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 the respondent No.3 to receive and register the Sale Deed presented by the petitioners in respect of Plot bearing Nos.247 (500 Sq.Yards), 264 (500 Sq.Yards), 265 (500 Sq.Yards), 274 (Sq.Yards),279 (500 Sq.Yards), 309 (1000 Sq.Yards),315A (500 Sq.Yards), 315C (700 Sq.Yards),316 (500 Sq.Yards),317 (500 Sq.Yards), 318 (500 Sq.Yards), 319 (500 Sq.Yards), 319A (500 Sq.Yards), 332 and 332A (1000 Sq.Yards),3328 and 332C (1000 Sq.Yards),362 (500 Sq.Yards), 363 (500 Sq.Yards), 366 (500 Sq.Yards), 366A (500 Sq.Yards), 387 (500 Sq.Yards), 388 (500 Sq.Yards), 389 (500 Sq.Yards), 390 (500 Sq.Yards), 406 (500 Sq.Yards), 407 (500 Sq.Yards) and 550 (400 Sq.Yards), total admeasuring 14,600 Sq.Yards, situated in Pragati Green Valley, Sector-'C', Covered under Sy.Nos.72lAA, 74lAA, 79, 69/A4, 68lAA, 731A, 741E, 72lAAl2 Pai,7BlN1 Part,72lA,73lAl2,81lA,82lA,74lA,71lA,71lAAt1 ,73tAAt1 ,7BtAt1 , 731N1 , 81lM, 82tAA, 73tANs, 7BtN1, 68tAt3, 81tE, BztE, 72lAAt2, 74tAN2, 691E, 7BtAt1, 72tAN2, 64tAt1, 4,5, 66iAAi 1, 68tN1, 4,5, 69/A/1, 4, 5, 7AtA, EE, vu, 64/AA/3, 66/44/3, 69/4A/3, 701E, 74lAAl2, 64lAN2, 6BlN2, 69lA13,70lAA, 67tN1,66/Atu3, 65lAA, 651A212, 671A112, 66/A4/3, 67lAA14, 67lAA11, 671A112, 67/AA, situated at Medipally Village and Grampanchayath, Moinabad Mandal, Ranga Reddy District, without reference of Letter C&lG Endt.No.ClG.MailiAR/2008, dated 02-01-2008 issued by the respondent no.2, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for the Respondents: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER ) THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.l1359 of 2A25 ORDER: Heard learned counsel for the petitioners and learned Government Pleader for Stamps and Registration and perused the entire material on record. 2 Learned counsel for the petitioners submits that the issue involved in this writ petition is squarely correred by the order passed by this Court in W.P.No. 16310 of 2019 and batch dated ll.Ol.2023 and also the recent Judgment of the Hon'ble Supreme Court in K. Gopi Vs. The Sub-Registrari ald requested to pass similar order in this writ petition.

3. Learned Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the petitioners. He submits that the petitioners have not submitted the document before the respondents and if they submit the document, they have to consider rhe same subject to compliance of the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. / | 2o2trl SCC Online SC 740 ' I I 2 W.t'.No. 1 1359 of 2025 SI(, J 4 The relevant portion of in W.P.No.1(i3i0 of 2019 and batch dated 11.01.2023 is as und er:

13. Thc power of the registering authority to refuse registration is only, if ant of the grounds or objections thai are enumerated under the provisions of the Registration Act, 1908, and the Rules made thereunder in particular Sections 19,20,21,22-A,31, 35 and rule 58 of the Telangana Rules under the Registration Act, 1908, are existing in respect of any such document presented for the registration, Except, the grounds or objections that are enumerated under the provisions of the Registration Act, 1908, the registering authorities havc no authority to refuse registration of a document on any othcr ground. As already noted above, the ground on lr-hich the impugned refusal orders in al1 these batch of Writ Petitions are passed is Lhat the link document shown in the respective documents is a validated and an unregistered document. By looki:.rg into a validity of t1-re link document, the registering authority is indirectly verifying whether the executants of the respective documents are having valid title or not to execute the documents in question. As held jn thr: above refered judgment in the case of Dr. Yadla Ramesh into the Naidu (1 supra), the registering authority is not entitled to €to title of the parties to the document. lt is a settled law that the vendee undcr a document will not get a better title thal his venclor and in case if vendor is not having a valid title over the propert)' 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 t1.re subject matter of the said document. l \

14. As rightty conceded by the learned Government Pleader for Stamps and Registration, the registering authorities are not entitled to refuse registration of a document on mere ground that the title of the executants of the respective document is based upon the validated document, though the same is compulsorily registerable document cannot be accepted arld such a ground is not available to I 3 W.P.No. t 1359 of 2O25 SK, J the registering authorities to refuse registration of a docrrment or1 thal ground.

19. In the light of the above, this Court is unhesitant to hold that the respondent registering authorities are not entitled to refuse registration of a document on the ground that the link document referred to in the respective document is a validated document or to refuse registration of such document by placing reliance on endorsement, dated 02.01.2008, issuecl by the Commissroner and lnspector General of Stamps and Registration. Accordingly, the impugned orders in the respective Writ Petitions are set aside and Writ Petitions are allowed with a further direction to the respondent registering authorities to receive the returned documents and to process the same subject to the condition of the said documents complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. 5 In K. Gopi's case (supra 1), the Hon'ble Supreme Court held as under: "The registering officer is not concerned with the title held by the executant. He has no adjudicatory power to decide whether the executant has any title. Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no title, the registering officer cannot refuse to register the document if all the procedural compliances are made and the necessary stamp duty as well as registration charges/fee are paid. We may note here that under the scheme of the 1908 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 authodty is satisfied that the parties to the document are present before him and the parties admit execution thereof before him, subiect to Inaking 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 dght, title, or intercst in the property, the registered document cannot effect any transfer. / 1 t t I 4 !J P.No.I 1359 of 2O2S SK, J

6. In view of the order passed in W.p.No.163 1O of 2019 and batch dated 1 1.O1.2O23 and atso the Judgment of the Hon'ble Supreme Court in K. Gopi,s case (supra l ) and for the reasons mentioned therein, the Writ petition is disposed of 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 and subject to condition of the said document complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1g99. There shall be no order as to costs. 7 . Miscellaneous petitions, if any pending in this writ petition, shal1 stand closed. //TRUE COPY// STY- A.V.S.PRASAD D PUTY REGISTRAR SECTION OFFICER I To,

1. The Principal Secretary Revenue (stamps and Registration), secretariat, Hvderabad, State of Telangana.

2. The District Registrar, Ranga Reddy District. 3. The Sub Registiar, Shankarpally,Rang-lReddy District. a. one cc to sitl KATIKA RAVINDER REDDY, Advocate [OPUC] S. iwo CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telarrgana at Hyderabad [OUT]

6. Two CD Copies I BSR y. HIGH COURT DATED:1610412025 ) ORDER WP.No.11359 of 2025 .,:.l' .:. t" ,] f, t- a A 17 A0R 2W '* * o^ *oEHcT DISPOSING OF THE WRIT PETITION, WITHOUT COSTS fM 1[