High Court · 2025

Fiaqati "Green Meadows and Resorts. Private I imited) a company -as-M1s ["iitisO, bqalls Corporite ldentifica-tion i".l%o,rl"Jrnoe, irie i! ;"u6i'1 rb"re' iiis6 iLctizt 5z u"i" g, I r"jtgq en"ru n umber AAC c P 52 8 3 H and havinq its reqrstereJiff[;;1 Pbi "N" 1355A, 3rd Floor' Road No 1 and +sl.fruir.d Hills, Above HDFC Bank Hyderabad z rrrr-li-pragati giolphrtm Fii*G fimt.ja, a.c.om.P-?n' incoroorated under the Companies Act, 1956 blrti"g c;ipb'ae ldeniiflcaiion Nlmber u24239rc 2003pTc04 1 59 r, ne, ng ?j;iie"o FA[r- r.l umuer AADC P4O03c and havinq_its reoistered office at t-lo r.J itri'. ++-aoizz, CrounO Floor' Salariung Colony' Toli Ch"owki, HYderabad. : ilr)r'ioH/I'neal Estates private Limited, a companv incoroorated under the Companies Act, 1956, d";;; cor.poijt" ldentificdtron Number U70102TG idosFlc-o+ia,ib, o"ing Jto*tt"t FnrI r,lumn"r AAECP0007B an_d havins .its reoistered office at sr"i"i'iiru.i.'iia eragati Resorts. chilukur Balaji T".';",#"d";i, P"rii,j-tri Vl|,g'", shant<arpattv Mindal' Ranga Reddv Distri.ct' 4 il;.'EeN,i"ffir;;l;;i; iiiuii" [i'iteo, 'a cbmpan' incoroorated under the Companies Act. 1956 d.;ffi; coipo'"tu ldentific;tion Number U70102TG FAfr tlumuer AAECP0005D' and having .its zoosPl Co47 B4a, oerng reoistered office at su*"ei"l]umoei lis, eragati Resorts, chilukur Balaji "Mandat, Rangareddy.D-istrict. i'"rJ,",#"i.xi, p.."1'artiiiv'ilrJd", srranrlaraparry nEp'[J"ntla'ov ineit ngt"e;.,eni of Sale-cum-General Power of Attorney -5;i c.v Kumai Wo oi c a x nao' ased about 66- Y9ari: oic: ij;i-J;t ijJiir'""r, 6!i"g'arroiieO-iian'No. AOefctSSsE ani ottrt 00097800, R/o Plot r'.to +2, RoaO N6.5, Jubilee Hills, Hyderabad. ...PET|T|ONERS -;6iie"d AND 1. The State of Telangana, Rep by its Principal Secretary Revenue (Stamps and z irrd District iieqistrar, Ranga Reddy Distrrct . ^ e ii,i; il; R;giiirir, Snankaipallv, R-anga Reddv District Reoistration), Secretariat. Hyderabad' ...RESpoNDENrs Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedtoissueWrit,Orderordirectionmoreparticularlyoneinthenatureof Writ of fulandamus declaring the action of the 3rd respondent ie ' The Sub Registrar, Shankaryrally, Ranga Reddy District, in refusing to receive, register and release the Salr: Deed presented by the petitioners in respec:of Plot bearing Nos 547 (North \A/er,t 1000 Sq.Yards), 547 (North East'1000 Sq.\ards), 555 (500 Sq Yards), 558 (50() Sq Yards), 664 (500 Sq Yards), 664C (500 Sq.Yards), 664 (500 Sq Yards), 66t (500 Sq Yards), 666 (500 Sq.Yards), 719A :500 Sq.Yards), 7918 (500 Sq.Yards),719C (500 Sq.Yards),719D (500 SqYirrds),720 (500 Sq Yards), 722. (sOC Sq Yards). 723 (5OO Sq Yards), 724 (5OO lq Yards), 726. (500 Sq.Yards),72' (5O0 Sq.Yards), 729 500 Sq.Yards), B0O r500 Sq.Yards), 769D (500 Sq Yards), 769E (500 Sq Yards), 606 (2000 Sq.Yards), 661 (2000 Sq.Yards), 664D (510 Sq Yards), 664G (500 Sq.Yards), 664H r500 Sq Yards), 6641 (500 Sq Yardr;) , 664K (500 Sq Yards), 6641 (500 Sq Yaris), 6641M (500 Sq.Yards), 664N (510 Sq.Yards), 6654 (500 Sq.Yards), 6658 (500 Sq.Yards), 6F5C (500 Sq.Yaris), (500 Sq Yards), 665D (500 Sq.Yard,;), 665E (500 Sq Yards), 665F (50(l Sq.Yards), 665G (500 Sq.Yards) 665H (500 Sq Yards), 6651 (500 Sq Yardr;), 6653 (500 Sq Yards), 665K (500 Sq YarJs), 6651 (500 Sq.Yards), 665|V (510 Sq Yards) and 665N (500 Sq.Yards), totrl admeasuring 27.500 Sq.Yards, s tuated in Pragati Green Valley, Sector-C. lovered under Sy. Nos.71lA, 71lAAt1 , 741A, 741E, 72lAAl2, 731A2, 731A. 73tAt1 , ,3tAAt1, 3, 4 S, 7B/A/1, TBlAAll 79lAAl4, 81/A, B1/AA and 82tA, and ptol No 528 (500 Sq.Yards), situated rn Pragati Green Heights Sector-A, (;overed under Sy.Nos 250, 2571A. 258/A, 252, 2521A, 260lRul1, 260lVu, 257. 2)6,2401A, totat admeasuring 28,000 liq Yards., all the plots are situated at Medip,rlly Village and Grampanchayath, M,rinabad lt/andal, Ranga Reddy District, on th,: ground of the document is based (,n the validated document as a link documen t and validated document cannot t er treated as a Link Document vide Letl.er C and lG Endt.No.CIG.Mail/AF/2008, dated 02-01-2008 issued by the resp,:ndent no.2, is illegal, arbitrary, in v olation of Articles 14, 21 and 300-4 of Consr.itution of lndia and also in violation rf Registration Act, 1908, besides in violation of principles of natural justice and consequently to direct respondent No.3 tI receive and register the Sale Deed presented by the petitioners in respect of plot bearing Nos.547 (North West 1000 Sq Yards),547 (North East 1OO0 Sq.yzrrds),555 (500 Sq.Yards), 558 (500 Sq.Yards),664 (500 Sq yards),664C (500 Srl.yards),665,4 (500 Sq Yards) 6658 (500 Sq Yards), 665C (500 Sq yards), ({,00 Sq.yards), 665D (500 Sq.Yardsr 665E (500 Sq.yards), 665F (500 Sq.yards), 665c (500 Sq.Yards), 665H (500 Sq Yards), 6651 (500 Sq Yards)' 665J (500 Sq Yards)' 66sK (500 Sq Yards), 6651 (500 Sq.Yards), 665lvl (500 Sq Yards) and 665N (500 Sq.Yards), total admeasuring 27'500 Sq.Yards, situated in Pragati Green Valley, Sector-'C', Covered under Sy Nos.T 1 I A, 7 I t AN1, 7 4lA, 7 4lE, 72lAAl2' 73tA2,73tA,73lAt1,73tAAl1,3,45,7BlAt1.,78lAAt1,79lAAl4,81/A,81/AAand B2lA, and Plot No.52B (500 Sq.Yards), situated in Pragati Green Heights sector- 'A', Covered under Sy.Nos.25O, 2571A, 258tA, 252. 2521A, 260lRul1, 260lYu' 257.256,240tA. tolal admeasuring 28.000 sq.Yards., all the plots are situated at Medipally Village and Grampanchayath, Moinabad Mandal, Ranga Reddy District, without reference of Letter c and lG Endt.No.clG lt/lail/AR/2008, dated 02-01'2008 issued by the respondent no.2 ra NO: 'l OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit frled in support of the petrtion, 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.547 (North west 1000 sq.Yards), 547 (North East '1000 Sq Yards), 555 (500 Sq.Yards), 558 (500 Sq Yards), 664 (500 Sq.Yards), 664C (500 Sq Yards), 6643 (500 Sq Yards), 665 (500 Sq Yards), 666 (500 Sq.Yards), 719A (500 Sq Yards), 79'l B (500 Sq Yards), 719C (500 Sq.Yards), 719D (500 Sq Yards), 720 (500 Sq Yards), 722 (50O Sq Yards)' 723 (500 Sq.Yards),724 (5OO Sq Yards), 726 (5OO Sq Yards), 727 (500 Sq Yards)' 729 (500 Sq.Yards), 800 (500 Sq.Yards), 769D (500 Sq Yards), 769E (500 Sq.Yards), 606 (2000 Sq Yards), 661 (2000 Sq.Yards), 664D (500 Sq Yards)' 664G (5OO Sq Yards), 664H (500 Sq Yards), 6641 (500 Sq Yards), 664K (500 Sq.Yards), 6641 (500 Sq Yards), 664M (500 Sq.Yards), 664N (500 Sq Yards)' 665A (500 Sq.Yards), 6658 (500 Sq Yards), 665C (500 Sq Yards)' (500 Sq.Yards), 665D (500 Sq Yards), 665E (500 Sq.Yards), 665F (500 Sq Yards)' 665G (5OO Sq.Yards), 665H (5OO Sq Yards), 6651 (500 Sq Yards), 6653 (500 Sq.Yards), 665K (500 Sq Yards), 6651 (500 Sq Yards), 665M (500 Sq'Yards) and 665N (500 Sq.Yards), total admeasuring 27,500 Sq Yards, situated in Pragati Green Valley, Sector-'C', Covered under Sy.Nos 71lA, 71lAAl1, 74lA' 74tE,72lAAt2,73lA2,73tA,73tAt1,73tAAl1,3,45,78lAt1,78lAAl1,79lAAl4' 8'1lA, 81/AA and tillA, and Plot No.528 (500 Sq Yards), srtr-ated in Pragati Green Heights Sectcr- 'A', Covered under Sy.Nos.250, 2571A, 25'llA, 252,2521A, 260/Ru/1, 260Nu.',lti7, 256, 2401A, tolal admeasuring 28,000 Sl.Yards., all the plots are situated al Medipally Village and Grampanchayath, l\,4r'inabad Mandal, Ranga Reddy l)rstrict, without reference of Letter C and lG Endt. No.ClG.lV aillA? l2OO8. dated 02-01-2008 issued by the rr spondent no.2, pending disposal of tre above writ petition. Counsel for the Petitioners: SRI KATIKA RAVINDER REDDY Counsel for the Res,pondents: GP FOR STAMPS AND REGISTRi\TION The Court made the following: ORDER I I I I I I I I i THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.11625 of 2025 ORDER: Heard learned counsel for the petitioners and learned Government Pleader for Stamps and Registration for respondents and perused the entire material on record.

2. Learned counsel for the petitioners submits that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.16310 of 2Ol9 atd batch dated ll.Ol.2o23 and also the recent Judgment of the Hon'ble Supreme Court in K. Gopi Vs The Sub-Registrarr and 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 Iearned counsel for the petitioners. He submils that the petitioners have not submitted the document before the respondents and if they submit the document, they have to consider the same subject to compliance of the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. I 2025 SCC Online SC 740 2 SK, J WPto.1t625of2025

4. Tt r: relevant portion of in W.P.No.1,i31O of 2019 and batch dated 11.01.1]023 is as under:

13. 1lc power o[ the registering authority to refuse regi ]tratlon is only, r1 any of the grounds or objections that are enulnerated under the provisions of the Registration Act, 1908, and th: Rules made ther:rnder in particular Sections 19,20,21,22-A,34,35 ar.1 rule 58 of t1e Telangana Rules under the Registration Act, 1! 08, are existing i.r respect of any such document presentecl br the registratio I Except, the grounds or objections that are enurlerated under the :rovisions of the Registration Act, 190E, the reg.stering authoritier have no authority to refuse registration ofa docurrent on any other ground. As already noted above, the ground on rvl ich the impugned lefusal orders in all these batch of Writ petit( ns are passed is lLat the link document shown in thc respective d,lc tmcnts is a validirled and an unregistered document. 85. looking into a validity of the link document, the registering authority is ir.r iirectly verifying v,l)ether the executants of the respective docunte rts are having val.c[ title or not to execute the documents in quest on. As held in th€ ;tbove referred judgment in the case of tfr. yadla I amesh Naidu (1 surra), the registering authority is not cntitled to go j-ito the title of the parties to the document. It is a settled lau that the vendee under a dc cument will not get a better title than his vendor and in case if vendor is not having a valid title over the propert]. \ hich is the subjec. matter of a particular document, the vendee un ler the said clocurt,:nt does not get any title over such properl]. an i mere registratior of such document will not have an effect on the p.operty which is the subject matter of the said document.

14. As dghtly conceded by the learned Governrnent plea ler for Stamps anl Registration, the registering authorities are not ( ntitled to refuse rr.6;istration of a document on mere ground that tl-Le title of the executants of the respective document is based up( n the validated d ocument, though the same is compulsorily regis .erable document r:eLnnot be accepted and such a ground is not avail rble to : W.P.No. I I625 of 2O25 SK. J the registering authorities to refuse registration of a docurnent on that 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 02.01.20O8, issued by the Commissioner and Inspector 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 reglsterin8 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 reluse 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 authority is satisfied that the parties 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 ar'd 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 transfer. 4 W P N ).1 1625 of 2025 SK, J

6. In vjew of the order passed in W.p.No.163 10 of 2019 and batch cated 11.OI.2O23 and also the Judgm:nt of the Hon'ble Supreme Court in K, Gopi's case (supra l) and for the reasons rnentioned therein, the Writ Petition is disposed of directing t lte respondent authorities to receirre ar.d register the sale deed presented by the petitioners in respect of the subject plotr; without reference to the Letter C & IG Endt. No.CIG.Mai1,.\R/2008 dated 02.01.2008 issued b-,- the respondent irio.2 and subject to condition of the said document cr,rnplying with the provisions of the Rr gistration Act, 19O8 ancl the Indian Stamp Act, 1899. There s -iall be no order as to crt sts. 7 . Mis,:ellaleous petitions, if aly pending in this writ petition, shall stand closed. //TRUE COPY// SD/-K. SREE TTAMA MURTHY DEPU''Y REGISTRAR sEcroN 6rrtceR The Principal l;ecretary Revenue (Stamps and Registration), {}ecretariat, Hyderabad, State of Telangana. The District Registrar, Ranga Reddy District. The Sub Regis;trar, Shankarpally, Ranga Reddy District. One CC to SRI KATIKA RAVINDER REDDY, Advocate [OPU()] Two CCs to Gr FOR STAMPS AND REGISTRATION, High Court for the State of Telan,l,lna, at Hyderabad. [OUT] Two CD Copies M- I r I To 2 J 4 5 6 PSK. BS HIGH COURT DATED:21 10412025 I ORDER WP.No.11625 of 2025 -:. t,Rt c () 22 an 2p'i , i '--t1i,rr', DISPOSING OF THE WRIT PETITION WITHOUT CO,STS ( \f