High Court · 2025

...RESP.NDENTS 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 Mandarnus declaring the action of the respondent No.s in not registering and releasing the document presented by lhe petitioner in favour of third party vendees wrth regard lo agriculture Dry Land bearing Survey No.1 86 admeasuring 4c.0.28.25 gts, situated at Jainepally Vitlage, Bibi Nagar Mandal, Yadadri Bhongir District, Telangana State as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act-1908, and Violation of Article 14 of Constitution of lndia, and cqnsequently direct the respondent No.5 to register, release the document which was presented by the petitigner in favour of vendee/s with regard to agriculture Dry Land bearing Survey No.186 admeasuring Ac.0.28,25 gts, situated at Jalnepally Village, Bibi Nagar Mandal, yadadri Bhongir Distript, Telangana State lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated ln the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.5 to register, release the document presented by the petitioner with regard to agriculture Dry Land bearing Survey No.'lBQ admeasuring 4c.0.28.25 gts, situated at jainepally Village, Bibi Nagar [\4andal, Yadadri Bhongir District, Telangana State for registration in favour of vendee/s, pending disposal of above writ petition, Counsel for tfie Petitioner: SRI N. SREENTVASA YADAV Counsel for Respondents: GF FOR STAMPS AND REGISTRT{TION The Court made the following: ORDER i r /' THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.1253O of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Govcrnment 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 lor the petitioner submits that the respondent authorities are not receiving, registering and releasing the document filed by the petitioner in favour of t-he third parties with regard to the agricultural land admeasuring to an extent olAc.O 28Y+ gtntas in Sy.No.186 situated at Jainepally Viliage, Bibinagar Mandal, Yadadri Bhuvanagiri District and the same is contrary to the provisions of Registration Act, 1908.

3. Learned counsel for the petitioner further submits that on earlier occasion, the petitioner has filed a suit in O.S.No.42 of 2O71 on the file of the Principal Junior Civil .Iudge-cum-.Juclicial Magistrate of First Class, Bhongir 2 SK, I wP 12530 2025 for declaration of title and the same was clecreed in favour of the petitioner on 13.06.2024. Thereafter, the petitioner has presented sa,le deed before the respondent No.5/Joint Sub-Registrar and the same was refused to register on the ground that the subject property has not in thc name of the petitioner in spite of the Decree passed by the Competent Civil Court on 13.06.2024. Without a valicl ground, the Registering Authority refused to receive the document liled by the petitioner. In view of the same, Iearned counsel requested to direct the respondent No.5/Joint Sub- Registrar to receive, register and release the document filed by the petitioner with regard to the subject propcrtv in accordance rt ith law.

4. l,earned Assistant Government Pleader for Stamps ar-rd Registration, basing on the written instructions submitted by the respondent No.5, submits that the respondent No.5 is unaware of the disposal of O.S.No.42 of 2011 on the fiie of the Principal Junior Civil Judgc-cum., Judicial Magistrate of First Class, Bhongir on 13.06.2024 3 SK,I wP_12530.2025 and stating that the before passing of the Decree in the above said suit, one Mr.Ha-ri Kondal being pattedar converted his land admeasuring Ac.O4.22Y+ guntas 1n Sy.No.186 to non-agricultural purpose (NALA) duly remitting the conversion fee through Dharani Portal on dated 18.04.2024, which is much prior to the orders of the Competent Civil Court. In view of the same, the Registering Authority not received the document presented by the petitioner. Therefore, there is no valid ground to entertain tirc u,rit petition and requested to dismiss the same

5. After hearing both sides and on perusing the I entire material on record. this Court is of the considered view that admittedly the petitioner approached the Competent Civil Court and filed O.S.No.42 of 2Ol1 on the tile of the Principal Junior Civil Judge-cum-Judicia,l Magistrate of First Class, Bhongir by impieading one Mr.Hari Kondal along with eight others as defendants. After conducting trial by the Competent Civil Court, the Decree and Judgment was passed on 13.06.2024 in favot4r \ ""f 4 SK, I wP 12530 202 5 of the petitioner. Subsequently, the petitioner has approached the respondent No.S/Joint Sub-Registrar by presenting the document with regard to the suit schedule property. The respondent No.5- Joint Sub-Registrar refused to receive the document presented by the petitioner on the ground that name of the petitioner was not mutated in the revenue record as pattedar.

6. Once Competent Civil Court declared the title of the petitioner, the Registering Authority has no power to decide ald deny the document presented by the petitioner. Moreover, basing on the written instructions of the respondent No.S-Joint Sub-Registrar, it clearly shows that mere basing on the NALA conversion proceeclings, thc Registering Authority refused to receive the subject document. The Registering Authority has to receive ald register the document presented by the petitioner as per the recent Judgment of the Hon,ble Supreme Court in K. Gopi Vs The Sub-Registrart ^r 12025 SCC Online SC 740 _r' l I I 5 SKI wP 72530 2025

7. In .I(. Gopi's case (supra 1), the Hon'ble Supreme Court held as under: "The registering offrcer is not concerned with the titie held by ttre executalt. 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 hc has no title, the registenng officer cannot refuse to register the document if a-11 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-Registra-r 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 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 transfer." I I The above said Judgment wouid squarely apply to the instant case.

8. In view of the above circumstances, the Writ Petition is disposed of directing the respondent No.5/Joint Sub-Registrar to receive, register and I ,i $ l I l () sK, I wP 12530 202s release the clocument submitted by the petitioner with regard to the subject property subject to the condition of the said documents complying with the provisions ol the Registration Act, 1908 and the Indian Stamp Act,

1899. There shall be no order as to costs.

9. Miscelianeous Petitions, if any, pending in this writ petition shali stand closed. I //TRUE COPY// SD/-N. SRIHARI DEPUTY REGISiRAR \, SECTION OFFICER To,

1. The Principal Secretary' Revenue(Stamps andRegiskation Department) DR .eRnmbudl.arTelangana,stateof.TelanganaSecietariatSaifabad, Hvderabad NampallY Road. Abids. Hvderabad 2 it;thiJtommissioner of Land Administration, State of Telangana, s i[e bisiii"t colector. vr6"Jiiahru"nagiri Distnct, office at lntegrated " d6il;I;i"rprer, Riigiri(vl, Blongif (f/l), e1n code 508116' 4 il; D;iilin"gi;ir;i, SA";pi ;;J R;gistriti6n Deaprtment Yadadri Bhonsir s Th" ioint sub Registrar/Tahsitdar, Bibinagar Mandal, Yadadri Bhuvanagiri 6. Orie Cb to Sri N Sreenivasa Yadav Advocate [oPUCl 7. Two ccs to Gp ror starliJ AiJ n'.g[irrlion ]High cburt for the state of District. District Tela Two n ana IOUTI Copies B MBC BS t : h t.- [-t t; r r t ; i I I : F t HIGH COURT DATED: 2510412025 i, t, 1C \ s *.\\\ A) 1> )t Cl ^: ,' rf' - li,:.,t\l ORDER WP.No.12530 of 2025 DISPOSING OF THE WRIT PETITION \ \'- w WITHOUT COSTS