Mohammed Yousuf v. 1. The State of Telangana

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of lt/andamus or any other appropriate writ, order or direction, to declare Memo No.477 12025 dated 11 .07 .2025 issued by the 3rd Respondent in refusing to register Sale Deed dated 11.O2.2O25 submitted by the (Part), bearing lVlunicipal No.8-2-6771A1212, Baniara Hills, Shaikpet Village and Petitioner with respect to his property admeasuring 543 Sq. yards in Sy.No.12B Mandal, Hyderabad as being illegal, arbitrary, in violation of provisions of Registration Act, '1908 and in violation of Art 3004 of the Constitution of lndia and consequently to direct the 3rd Respondent to receive, register and release the Sale Deed dated 11 .02.2025 submitted by the Petitioner and penalty. l.A.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 3rd Respondent to receive, register and release the Sale Deed dated 11.02.2025 submitted by the Petitioner without reference to lVlemo No.47712025 dated 11.O7.2025 issued by the 3rd Respondent. Counsel for the Petitioner : SRI MAMIDI AVINASH REDDY Counsel for the Respondents : Ms. S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the following ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.2112O of 2o25 ORDER: Heard learned counsel for the petitioner and Ms. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents ald perused the entire material on record. With their consent, this writ petition is disposed of at the stage of admission 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 lI.Ol.2O23 and also the recent Judgment of the Hon'ble Supreme Court in K. Gopi Vs. The Sub-Registrarl and requested to pass similar order in this writ petition. 3 Learned Assistalt Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the I 2O25 SCC Online SC 74O ,.Y! 2 SK'J w.P.No.21 120 oJ 2025 petitioner with regard to the disposal. of W.P.No.163 1O of 2Ol9 and batch dated ll.OI.2023 arrd requested to pass appropriate orders 4 The relevant portion of the order in W.P.No.1631O of 2Ol9 and batch dated 11.01.2023 is as under:

13. The power of the registering authority to refuse registratron is ontl-, if any of the grounds or objections that are enumerated under the provisions of the. Registration Act, 1908, and lhe Rrrles made thereunder in particular Sections 19,20,21,22 A, 3.1, 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 1;rovisions o[ the Registration Act, 1908, the registenng authorities have no authority to refuse registration oI a document on any other ground. As already noted above, the ground on rvhich the impugned refusal orders in all thcse batch o[ Writ l'etitions are passed is that the link document shown in the respective documents is a validated and an unregistered document. 81' looking rnto a vatidity of the link document, the registering authority rs indirectly verifying whether the executants of the respective (locuments are having valicl title or not to execute the documents in question. As held in the above referred judgment in the case of Dr. Yadla Ramesh Naidu (1 supra), the registering authority is not entitled to go into the title of the parties to the documcnt. It is a settled Iaw 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 properly rthich is thc subject matter of a particular document, the vendee under the said document does not get any title over such propertl and mere registration of such document will not have ar.r effect o. the property which is the subject matter of the said document. s'(,J W.P.No-2772O of 2O25

14. As rightly conceded by the learned Government Pleader for Stamps and Registration, the registering authorities arc 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 and such a ground is not available to the registering authorities to refuse registration o[ a document on that ground.

19. In the light of the above, this Court is unhesitant to hold that the respondent registering authoritres are not entitled to refuse registration of a document on lhe 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, issued by the Commissioner and Inspector General of Stamps and Registration. Accordingly, the impugned orders in the rdspectrve Writ Pctitions are set aside and writ Petitions are allowed with a furthcr dircction to the respondent registering authorities to receive thc rcturned documents and to process the same subject to the condition o[ the said documents complying with the provisions of the Registration Act, 1908 and the Indian Starnp Act, 1899. 5 In K. Gopi's case (supra 1), the Hon'ble Supreme Court held as under: "The registering ofhcer is not concerned rvith the titte hetd by the executant. He has no adjudicatorv power to decrde whether the executant has any title. Even if an executant executes a sale deed or a lease in respect of a land in respcct of which he has no title, the registering ofhcer cannot refuse to register thc document if all the procedural compliances are made and the necessary stamp duty as rvell as registration charges/fee arc paid. We may note here that under the scheme of the 1908 Act, it rs 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 satisfled that the partres to the document are present before him and the parties admit execution thereof before I 4 sI(,J W.P.No.2172O oJ 2O25 him, subject to making proceclural 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. I[ the executant has no right, title, or intercst rn the property, the registered document cannot effect arr-\ transter.

6. In view of the order passed in W.P.No.16310 of 2Ol9 andbatch dated l1'.O\.2023 and also the Judgment of the Honble Supreme Court in K. Gopi's case (supra 1) 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 petitioner in respect of the subject plot without reference to the Memo No.477 12025, dated 11.07.2025 issued by the respondent No.3 ald subject to condition of the said document complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899' There shall be no order as to costs.

7. Miscellaneous petitions, if any pending in this writ petition, shall stand closed. //TRUE COPY// SD/- K.SREERAMA MURTHY DEPUW REGISTRAR ,\-._. ' secrtEforrrcrn To 1 2 4 6 SA5 1: IEL.,. The Principal Secretary to Government, Revenue (Registration) Department' Secretariai. State of T6langana at Hyderabad ' i;;'Di;i*i n"gGtiu., Resistration ahd stamps' Hvderabad ti.iE i;i;ia*rb-R"gi"ii", i. n.o. Banjara Hilli, Hvderabad (south)' iiv.o;i; io op r"on REVENuE. High court for ihe state of relansana at Hvderabad. [OUT] li'"['cCi" .inr r,,lArrltot AVINASH REDDY, Advocate [oPUC] Two CD Cocies -_- rr *! r Eltffi ,.|.'. ir.( I 0 4 AUE 2U5 ' .,i ,. / HIGH COURT DATED:2210712025 ORDER WP.No.21120 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. ,^rr,*€ l-v r W