Guda Sunanda v. 1. The State of Telangana

HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.25O4l wof 5 ORDER: This writ petition is filed questioning the action of the respondent authorities in registering the documents including sale deeds without plot numbers executed by the respondent No.S in respect of residential plots of land located in Sy.No.3O6 situated at Shayampet Jagir, Hunter Road, Khazipet Mandal, Hanumakonda District as illegal and arbitrary and to direct the respondent Nos.3 and 4 not to register the sale deeds in respect of the said land without plot nurnbers.

2. Heard Sri B. Mahender Reddy, learned counsel for the petitioner and Smt S. Sravanthi, learned Assistant I Government Pleader for Stamps and Registration for the respondent'Nos. t to 4. / \r 2 SK,J W.P.No.25O41 of 2025

3. Learned Counsel for the petitioner submits that the grandfather of the respondent No.5 namely Bollam Ilaiah was the Hissedar (shareholder) for the land admeasuring to an extent of Ac.1-38 gts in Sy.No.306/B situated at Shayampet Jagir, Halumakonda i.e. schedule land. As per the settlement/exchange/adjustment of lands, the schedule land was given to Bollena Rama Swamy, Bollena Veeraiah @ Veeramallu and Velpula Cheralu more than 70 years ago and their names were recorded in the revenue records in possessory column right from 1964-65 onwards and thus, Bollam Ilaiah has no right or title over the schedule land. Subsequently, the legal heirs of said pei'sons had alienated the property'to the third parties through various registered documents. The said executants of the documents along with .others have I converted the land into residential plots long back in the ylar, 1989 and alienated the Said plots to various purchasers through registered sale deeds with plot @ J SK,J W.P.No.25041 of 2025 numbers and thus, no land is left with the original owners. In view of converting the schedule land into residential plots, the land ceased to be agriculture and accordingly the same was recorded in the revenue records as plots/residential area, however the name of the owrter was continued as Bollam Ilaiah in the revenue records even after change of ownership after his death also.

4. Learned Counsel for the petitoner further submits that the petitioner is absolute owner and possessor of the plot of land admeasuring 300 sq. yards in Sy.No.306 having acquired through registered glft deed No. 1 2303 /2OLT dated 21 .LO.2OLT and she has constructed a compound wall and hdr unapproved plot regularized vide Proc.No.C/GWMC / LOLO23 / 2O2O dated t6.O5.2O25. While it being so, taking advantage of a the entrie,s in tJ:e revenue records in respect of non- agricultural land, the respondent No.S and others to '71 4 SK,J W.P.No.25041 of 2025 cheat and to cause loss and damage to the purchasers and the owrrers of plots of land in the schedule land including the petitioner, have created a partition deed between them in respect of non-available schedule land vide document No.694 L l2OL6 dated 30.05.2016 and started selling the schedule land without indicating the plot numbers which is not identifiable on the fie1d. Basing on the said documents, several individuals are trying to interfere with the peaceful possession and enjoyment of the plot owners including the petitioner. He submits that the registering authorities contrar5r to Sections 21 and 22 of the Registration Act, 1908 read with Rules 26 and 3O and contrar5r to the circular instructions issued by the respondent No.2 are registering the documents without a plot numbers and the same is arbitrary and illegal and requested to allow the writ petition by directing the respondents not to register the documents in respect of the schedule land without plot numbers. ,a 5 SK,J W.P.No.25O41 of 2025

5. On the other hand, leamed Assistant Government Plehder for Stamps and Registration submits that the petitioner has purchased the propert5r admeasuring 3O0 sq. yards, but she sought for not to register the documents pertaining to the other land in Sy.No.306 situated at Shayampet Jagir, Hunter Road, Khazipet Mandal, Hanumakonda District without any right over the said propert5r. Moreover, the petitioner has also purchased the land in an unauthoized layout in the year, 2Ol7 and subsequently she has regularized her property in the year, 2025. Now, she seeks a direction to ttre registering authorities not to register the documents without plot numbers. Moreover basing on the representation liled by the petitioner, the Sub-Registrar, Warangal has informed her through Lr.No.Protest/2O25 5 dated 02.08.2025 tl:at the registration cannot be stopped basing. on simple representation and advised her to approach the Court of Law for justice. In view of the - 6 SK,J W.P.No.25O4l of 2025 sarne, without questioning the said letter dated O2.O8.2O25, the petitioner filed the instant writ petition and the same is liable to be dismissed and requested to dismiss tJ:e writ petition.

6. After hearing both sides and perusal of the record, this Court is of the considered view that the main grievance of the petitoner herein is that the registering authorities are registering the documents pertaining to the land in Sy.No.306 situated at Shayampet Jagir, Hunter Road, Khazipet Manda-I, Hanumakonda District executed by the respondent No.5 in favour of the third parties without mentioning the plot numbers.

7. The contention of the petitioner is that the name of the grandfather of the respondent No.S was recorded as pattadar in the revenue records more than 70 years back and the same was alienated by the grandfather of the respondent No.5 to the third parties and subsequently the I a 7 SK,J W.P.No.25O41 of 2025 same was alienated to several others. Thus, the petitioner has purchased the property admeasuring 3OO sq.yards in Sy.No.306/H/ 1/2 through registered document No.12303/2O17 dated 2l.LO.2Ol7 on the f,rle of Joint Sub-Registrar, Warangal. Subsequently the said unapproved plot was regularized by the competent authority 1n proceedings No.C/GWMC / lOlO23 / 2O2O dated 16.05.2025.

8. The further contention of the petitioner is that the respondent No.S without mentioning tle plot numbers is selling the land in Sy.No.306 to the third parties without any land available in Sy.No.306 and basing on the said registered documents, the third partids are interfering with the possession of the petitioner and others. The contention of the petitioner is very vague as she has not mentioned about the persons who are interfering with her possession over the subject property and without there ./' o 8 SK,J W.P.No.25041 of 2025 being arLy cause of action filed this writ petition. Moreover if the third parties are interfering with the possession of the petitioner, she has right to approach the competent Civil Court and take appropriate steps by filing a civil suit and without doing the same, she has filed the present writ petition seeking to stop the registration tilI the respondent No.S has executed the sale deeds vrith plot numbers and the said contention cannot be acceptable as there is no cause of action to the present writ petition and with the said. vague contentions, the writ petition cannot be maintainable-

9. The other contention of the petitioner is that the registration cif documents by the registering authorities is contrary to Sections 21 and 22 of the Registration Act, I 1908 and the Rules made thereunder and also as per the Circular issued by the respondent No.2. In fact, the said Sections and the Circular are not applicable to the instant '-J C -, 7, 9 SK,J W.P.No.25O41 of 2Q25 case as the petitioner has not impleaded the effected partieswhosedocumentsareregisteredwithoutanyplot numbers.Moreover,thepetitonerwithoutchallengingthe letterNo.Protestl2o2icdatedo2.os.2o21issuedbythe Joint Sub-Registrar, Warangal in response to representation filed the present writ petition' If the petitonerhasanygrievanceagainstthethird.parties,she CanapproachthecompetentCivilCourtforprotectingher property, but cannot ask to stop the registration of the documents of others property situated in Sy'No'3o6 in a particular way' 10. Moreover, recently the Hon'ble Supreme Court in K' l-hP GopiVs.Sub-Registrarlhascategoricallyheldthatthe registering authority has no role to verify the tifle of the parties and held in para No' 15 as under; ^rr-- 1^^lA fhat "15. The registering officer is not concerned with the title helcl by the executant' He has no adjudicatory power to decide , t | 2025 SCC Online SC 740 t= i i i I t I a l0 w.p.No.25o4 r of ;.19 whether the executant has any titre. Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no tifle, the registering oflicer cannot refuse to register the document if all the procedurar compliances are made and t,.e necessary stamp duty as we, as registration charges/fee are paid. we may note here that under the scheme of the lgog 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 and registration of a clocument have the effect of transferring only those rights, if any, that the executants possesses' If the executant has no right, title, or interest in the proper$r' the registered document cannot effect any transfer,. The above Iinding of the Honble Supreme Court squarely apply to the instant case. 1 1. The petitioner witjrout any right over the subject property and without any cause of action has filed the instant writ petition and the same is liabre to be dismissed. ,:,," ';r : ".: i:'i 6 I l i t SK,J W.P.No.25O41 of 2o25 L2. Accordingly,theWritPetitionisdismissed.Noorder as to costs.

13. Miscellaneous petitions, if any pending in this writ petition, shall stand closed' SD/.U. SUDHA ANT REGISTRAR /TRUE COPY/ OFFICER To.'-'1 one cc to sRr. B I'4Uqry'-=S^t=r'RJairtRiiiJS:H3l court ror the ). i*o CCt to GP FOR STAMI 3. Two CD CoPies State ot rian-ganJ'i Hyderabad [oUT] BM BS I a HIGH COURT DATED:3011012025 ORDER WP.No.25041 of 2025 o O ( I { H E S TNt U0 JAN 2[2b S;; r ai \ ?'7 ,;) l.- It I DISMISSING THE WRIT PETITION WITHOUT COSTS 6 \