High Court · 2025

Sri. Orsu Business, T.S, AND Sudhakar, S/o. Sri Orsu Narsimhulu' Aged aOgyf a6 Years' Occ- Rto 12-32t1,Maneera N's;:'#";;;b'iZl n'"t"pur' Sansa Reddv' .....PETITIONER 1 The State of Telangana, Represented by its Principal Secretary' Stamps and Registration, Secretariat' HyderaDao' 2TheCommissioner,andlnspectorGeneral,stampsandRegistration Department,.M.J Market' Hyderaoao'

3.TheDistrictCollector,sangareddy'DistrictSangareddy.T.S-'

4. The Sub-Registrar, Sub- Registrar Office' Patancheru (RO)' Sangareddy' T S .....RESPONDENTS 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 an order, direciion or writ' more particularly' in the nature of Writ of Certiorari by calling for the records relating to and in connection with the Refusar order of the 4th Respondent bearing intimation of refusal order communicated through vide refusal order No 680/25 Dt 12-08-2025 refusing to registrar the sale deed viz pending Document No 679 oI 2025 ' executed on 30- 06-2025, and presented on 19-07 -2O25' relating to Property bearing Gram PanchayatNo.l4-45t11213'lyingandformingpartofSy.No.lo4TlAA, admeasuring and comprising on an area of 2541 Sq Yrds or equivalent to 2124.53 Sq. Mtrs, (lncluding Private Common Passage Area)' Situated at Ameenpur Village. Ameenpur Mandal and gram panchayat, presenfly under R.C. Puram and patancneruvu of circre of GHMC, sanga Reddy District (Herein cared as sard property) f'rr the reasons based on varidated document viorating section 17 0f registration Act for being iregar, arbitrary, viorative of provisions of the registration Act, 'l g0g, discriminatory and unconstitution ar and consequenry further drrect the 4th Respondent to register and rerease the Document No. 6g0 0f 2025, executed on 30_06_2025 and presented on .19_07_2025 purported to be a sale deed. |.A.NO:1 OF 2O25 Petition Under section 151 cpc praying that in the circumstances stated in the affidavrt filed in support of the petition, the High court may be preased to direct the 4th Respo rdent to register and release the pending Document No. 6g0 of 2025 ' executed on 30-06-2025 and presented on 19-07-2o2s by suspendrng the Refusal order Nc. 68012025, Dr. 12-o\-202s, with respect to property bearrng Gram Panchayat Nc,. 14-4511t2t3, lying and forming part of Sy No. 1047lAA, admeasuring and comprising on an area of 2541 Sq. yrds or equivalent to 2124.53 Sq. lvltrs, (lncluding private Common passage Area), Situated at Ameenpur Village, Ameenpur Mandal and gram panchayat, presenfly under R.C. Puram and Patancheruvu of circre of GHMC, sanga Reddy District, pending disposal of the writ pctition. Counsel for the Petitioner: SRI PAWAN KUMAR AGARWAL Counsel for the Respondents : SMT S.SRAVANTHI, AGp FOR REVENUE The Court at the stage of admission made the following ORDER t * I T I l I i I THE HON'BLE SRI JUSTTCE K'SARATH 1[IRIT PETITION No.2739 9 of 2025 oRDER: Heard learned counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pieader lor Stamps and Registration appearing for the respondents and perused the entire material on record' Withtheirconsent,thiswritpetitionisdisposedofatthe stage of admission' Learned Counsel for the petitioner.submits that 2. the issue involved in this writ petition is squarely covered by the order passed by this Cou'rt in W'P'No'16310 of 20 19 and batch dated ll'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. Learned Assistant Government Pleader for 3 Stamps and Registration has not disputed the I 2025 SCC Online SC 74O 2 submissi,ln*"i"*'''*"'",rnn"ri{i"" by the learned Counsel for the petitioner. He submits that the petitioner has not submittecl the document before the respondents and if he submits the document, they have to consider the same subject to compliance of the provisions of the Registration Act, 19Og and the Indian Stamp Act, 1g99. 4 portion of relevant The in W.P.No..:6310 of 2019 and batch dated 1 1 .0 1 .2O23 is as under: t"*t"tttt"* authority to refuse registra[ion or objections that are enumerated Registration act' lgog, and the Rures -ular sections 19' 20' 21, 22 A, 34, 35 ancj lules under the Registration Act, 19o8, are ".,n" '" trrdL are enumerated

13. The porl,er o[ thr rs onry, if an-I, of the *.' under thc provisions o, ,o'"0" made flrererncrer in partic rule 58 of trre Telangana existi,g in respect of resistrarion F:xcept, trre ;"l"jJ:},#:::,;.,":::*o under the provisions of the RF-i.+-^.,^--:" Registration .A.ct, 190g, th( authoritics have no authorire to refuse registratio" anl' other gr.und. As ,.,...,'' impugned rcfusal orders passed is thar the rink oo.ut is a valirlatc'i "'o "" ,".liLt^]l:*: validity of the. jink docume-egrstered verifying whe her the execu having v2lj( title or not ,o :t""t" J)'noted above' the ground on r'r'hich the t" these batch or writ Petitions are - the respective documents document. By looking into a the registering authoritv is indirec l- of the respective documents are ff i: jl,':: :: r;: ;: ;..--,'n ::::T :.1 i::: l,:;. :; - authoritv is not enritled ro 8o inro rhe under a rJsc1 n1L."' ,,;;;";T. :"i:j: il:,:i:.J;",:::j:: :::.:; "r,n. ,".,1"",]" ;:'.::, ";^-;:t'i]t:t:: ,',,. 3 sK'J W'P'No'27399 of 2O25 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 rvhich is the subject matter of the said document'

14. As rightly conceded by the learned Government Pleader for Stamps and Registration' the registering authorities are not entitled torefuseregistrationofadocumentonmeregroundthatthetitleof the executants of the respective document is based upon the validatcdtlocument,thoughthesalneiScompulsorilyregisterable documentcanrrotbeacceptedandslrchagroundiSnotavailableto the registering authorities to refuse registration of a document on that ground.

19. In the light of the above' this Court is unhesitant to hold that thc respondent registering authorities are not entitled to refuse registration o[ a document on the ground that the link document relerred to in the respective document is a validated document or to refuseregistrationofsuchdocumentbyplacingre]ianceon endorsement, dated 02 O1 2OO8' issued by the Commissioner and Inspector General of Stamps and Registration Accordingly' the impugncd 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 complying with the provisions of the Registration Act' 1908 and the Indian Stamp Act, 1899 ' 5 In K. Gopi's case (supra 1), the Hontrle Supreme Court held as under: "'lhe registenng officer is not concerned with the title held bY the executant He has no adjudicatory power to decide whether the executant has any tltle Even if an executant executes a sale deed or a lease in respect of a land in respect of which he llas no title' the registering oflicer cannot refuse to register the document if all the 4 SK.J W.P-No.2ZSgg o.f 2OiS ^, procedural compliances are " ;:"o"":Jii:. i,]..H ji:I":ff : weu ae resisrra,,.,, .n".*" under tlte scheme of thc l9r :rt",lij : :":::,:T H.','r.J :: j,::::. Resist.a - or Re gi s re rins has titie to the propert| rvhich hc is seeking to transfer. Once thc registertlg authorit_\ is satisfied that the parties to the document are present i)efore him ancl the hi m, s u b ject to,n akins r....:il::".::;il::::::.:# "Ti:; the docurnent must be registered. The execution and rcgrstration of a documen have the clfect of transferrrng only those rights' if anj', that thc (:xecutant possesses interesr ilr the propertv,,." .::,:::.::"::""H1""H::"i;i.l ;* tra nsfer. 6' In view of the order passed in w.p.No.1631o of 2019 and b,atch dated ll.Ol.2023 and also the Judgment of the Hon,trle 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 prot without reference to the intimation of Refusal Order, dated 12.0g .2025 of the pending Document No.p.6BO/ 2O2S and subject to condition of the said document complying with the provisions of the Registration Act, 19og a,,d the Indian Stamp Act, 1899. There shall be no order as to costs. I I -=-7 5 SI(,J W.P,No,27399 ol 2O25 7 Miscellaneous petitions, if any pending in this writ petition, shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL DEPUTY REGISTRA ECTION OFFICER To tariat, State of er, and lnsP ector General, Stamps and Registration Telangana at HYderabad Department, [Vl.J Market, HYd erabad

1. The PrinciPal Secretary, Stamps and Registration' 2. The Commisston 3 The District Collector, Sangareddv, District Sang areddY, T.S 4 The Sub-Registra r, Sub- Reg istrar Office, Patancheru (RO), SangareddY, T S 5 Two CCs to GP FOR REVEN UE, H igh Court for the State of Telangana at CC to SRI PAWAN KUMAR AGARWAL' Advocate IOPUCI 6 One 7. Two CD CoPies Hvd erabad. [OUT SA B a a * I , HIGH COURT DATED:1 2tOgt2OZs ORDER WP.No.27399 of 2O2S /.:,- /.-.' :1 e) 1. 2 2 sEP 2025 * /)€.s p/, Tc * DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.