Mrs. S. Rani v. Registration Department

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 a Writ, Order or Direction, more particularly one in the nature of Writ of [\ilandamus to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the adtion of the 4th respondent in registering the peniting document i.e. P.No. 25 ot 2025 dated 01-02-2025 vide its refusal order No. 05 of 2025 dated 04-02-2025 for the petitioner's open plot No. '150, 151 admeasuring 600 Sq. yards or 501 Sq. Mtrs situated in Survey No. 130, 151 previously Hayathnagar Revenue Mandal Presently, Abdullapurmet Revenue Mandal, Ranga Reddy District previously under Brahmanapally grampanchayat presently under Turkayamjal Municipality, Ranga Reddy District which is illegal, arbitrary and against the principles of natural justice and articles 14 and 2'l of Constitution of lndia. 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 4th respondent to register the pending document i.e. p.No. 25 of 2025 dated 01-02-2025 vide its refusal order No. 05 of 2025 dated 04-02-2025, for the petitioner's open plot No. '150, 151 admeasuring 600 Sq. yards or 501 Sq. Mtrs situated in Survey No. '130, 151 previously Hayathnagar Revenue Mandal Presently, Abdullapurmet Revenue Mandal, RangB Reddy District previously under Brahmanapally grampanchayat presently under Turkayamjal Municipality, Ranga Reddy District, pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI MOHAMMED MUDABBIR ALI KHAN Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: OBDER I W.P.No.13243 ol 2025 SK, J THE HON'BLE SRI JUSTICE K.SARATH ITIRIT PETITION No.l 3243 of 2o25 '/ // ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Stamps and Registration and perused the entire material on record.

2. Learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.p.No.1631O of 2OI9 and, batch dated 11.01.2023' 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 learned counsel for the petitioner.

4. The relevant portion of in W.P.No.16310 of 2Ol9 and batch dated 11.01.2023 is as under:

13. The por,ver of the registering authority to refuse registration is only, if any of the grounds or objections thal are enumerated t 2025 SCC Online SC 740 2 W.P.No. 13243 of 2O2 SK, ',"1 under the provisions of the Registration Act, 1908, ard the Rules made thereunder in particular Sections 19,20,21,22-4, 34, 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 have no authority to rcfuse registration of a document on any other ground. As already noted above, the ground on which the impugned refusal orders in all these batch of Writ Petitions are passed is that the link document shown in the respective documents is a validated and an unregistered document. By looking into a validity of the 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 in the above referred judgment in the case of Dr. Yadla Ramesh Naidu (l 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 document will not get a better title than his vendor 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 learned Government Pleader for Stamps and Registration, the registering arrthorities 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 the registering authorities to refuse registration of a document on that grbund.

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.O1.2008, issued by the Commissioner and 3 W .P .No . 13243 ot 2025 SK, J 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 comptying with the provisions o[ 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 lan( in respect of which he has no title, the registering officer cannot refuse to register the document if all the procedural compliance5 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 autliority 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 aly, that the executant possesses. If the executant has no right, title, or interest in the property, the registered document cannot effect any transfer.

6. In view of the order in W.P.No.1631O of 2019 and batch dated 11.07.2023 and also the Judgment of the Hon'ble Supreme Court in K. Gopi's CASC (supra 1) and for the reasons mentioned therein, the Writ Petition is allowed by I \ 4 w.P.No.13243 of 202 SK, setting aside the Refusal Order No.OS of 2O2S dated 04.02.2025 passed by the respondent No.4 and the respondent authorities are directed to receive the returned document and process the same subject to condition of the said document complying with the provisions of the Registration Act, 1908 and the tndian Starnp Act, 1899. There shall be no order as to costs. 7 . Miscellaneous petitions, if any pending in this writ petition, shall stald closed /ffRUE COPY// SD/.A.V.S. PRASAD EPUTY REGISTRAR SECTION OFFTCER I The Principal Secretary Stamps and Registration Department, Secre Buildinq. Hvderabad, State of Telangana. ihe Co]irmissloner and lnspector General of Registration of Stamps Reoistration, Telanqana, Hyderabad. Thd District Registrar, Ranga Reddy District. The Sub Reoislrar. Vanasthalipuram, Ranga Reddy District' d; -cC b a-Rt MonAuw e o iu u ons e t R-Al-l KHAN, Advqcqte [o PUC] iuio ccs tocp FoR STAMPS AND REGISTRATIoN, High court for the State of Telangana, at Hyderabad. [OUI Two CD Copies tariat To 1 2 3 4 5 6 7 PSK. LS HIGH COURT DATED:0110712025 .-4" -' r \1.\ r:.(. -:'\-s,?>\ . ' ORDER WP.No.13243 of 2025 ( 2: (, ..]. * 11 JUL 2W /i^,].a) lf:o * ALLOWING THE WRIT PETITION WITHOUT COSTS