The High Court · 2025

Petilion under Article 226 or the constitulion of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order, direction or writ more particularly one in the nature of writ of fr,4andamus declaring lhe action of the Respondents more particularly Respondent No.3 in refusing to process the- registration a',d reiease the pendi,g Salr: Dccd Dated 06-08.2o25 bearing Document No. p730 of 2025 undcr Mcnro I)ated )4.O8.2025 vide l\,lemo 377 of 2025 in respect of plol admeasurinq 500 Sq. yds, irr Plot No.354-G, Block-G, in Sy. No.342, situarcd at 1'ellapur Vill:rge & MunicipaliLy Ramachandrapura-In Maldal, Sangarecldy District, is ag.inst to the Memo Dated 20.O2.2025 vide Memo No. 28 issucd b_v rhc Govcrnmcnt of Tclarga,ra zrs illegal, arbitrary against to.the provisions of thc Registration Act ancl Stamps Act as unconstitutional being violation of Article 14, 2l co.stitution of India a,d consequcntly DirecL thc Rcsponclent No.3 to Rcceive, Rcgistcr the Pending Salc Dced Dated 06.09.2O25 bearing l).r.ument No. P73O of 2025 and Releasc thc same - l I l I I I l t I j i I i I i : lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circ:umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the Respondent No 3 Register the Sale Deed Datecl 06 08.2025 bearing No. P730 of 2025 and Release same without reference to the Letter Dated 28.11.2000 vide Lr No. F112051/06 and set-aside the [\re"no Dated 14 08.2025 vide Memo 317 of 2025, thereby to Release the same Counsel for the Petitioner : SRI RAVINDER REDDY MUPPU Counsel for the Respondents: SMT.S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITIONNo.31506 OF 2025 ORDER: Heard Sri Muppu Ravinder Reddy, learned Counsel for the petitioner, Smt. S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the re spondents. With their consent, this Writ petition is disposed of at the stage of admission itself.

2. Learned Counsel for the petitioner submits that the petitioner hled the present writ petition seeking to declare the aclion of respondent No.3 in refusing to process the registration and release the pending Sale Deed dated 06.08.2025 bearing Documcnt No.P.73O of 2025 under Memo d,ated, 14.Og.2O25 uide Memo No.317 of 2025 in respect of plot admeasuring 5OO Sq.Yards in Plot No.354 G, in Block-G, in Sy.No.342, situated at Tellapur Village & Municipality Ramachaldrapuram Mandal, Sangarcddy District, is contrary to G.O.Ms.No.2g, Municipal Administration and Urban Development (plg.lll) Department, F! 2 daled 20.O2.2025, issued by the Government of Telangana, as illegal and arbitrarlr

3. Learned Cour-nsel for the petitioner furtlr,:r submits thal the impugned Relusal Order No.24 of 2025 rlated 05.08.2025 passed by respondent No.3 is based on the instructions issued by the Ccmmissioner and Inspector General o1' )?egistration ar-Lci Stamps, Telangar-ra uide Memo No.G2 l2.ii7 /2019 dated 26.O8.2O2O, where it is mentioned as under: "The PLots are peft. of Layot.tt not duly approued b,'j the competent authoities sur:h as GHMC, HMDA, D'I'CP, etc., The outnership is suppofted. bt1 the registered link documents that could establish the chain of title. " 4, Learneci Counsel for the petitioner further submits that the reasons mentioned in the present Writ Pe1it-ion with regard to the link documents is already considered by this Court in W.P.No.8556 of 2025 on 1O.04.2025 directinSl the respondent authorities therein to receive and register the sale deed presented by the petitioners therein in respe,:l. of the subject 3 plots without reference to the letter dated 02.01.2008 issued by respondent No.2 therein with regard to refusal of registration.

5. Learned Counsel for the petitioner further submits that, as per G.O.Ms.No.28, Municipa,l Administration and Urban Development (Plg.III) Department, dated 20.O2.2025, at paragraph No.3 of the Amendments, it is stated that any unregistered plots which are forming part of an unauthorized layout wherein lOo/o of plots were already sold through registered sale deed on or belore 26.08.2020, irrespective of whether such owners have applied under LRS-2020 or not, shall be permitted for registration with the competent Sub- Registrar, duly collecting the layout regularization charges and pro-rata open space charges as mandated. The detaiis of such plots shall be collected in the prescribed format by the sub- registrar and transmitted to the LRS portal for processing under these ruies. In spite of that the registering authority, without collecting the requisite layout regularization charges ald pro- rata open space charges, passed the refusal order. Therefore, learned Counsel requested to allow the Writ Petition by directing Fi 4 the responcient authoritics to receive and rcr11i stcr. the subject document bearing pending document No.p.73O of 2O2S and, releasc the same in pursualce of the G.O.Ms.No.2B, Municipal Administration and Urban Development (ple IU) Department. dated20.O2.2025 issrred by the Government olTclangana. 6, On the otl'rer hand, learned Assistant Gorcrnment pleader for Stamps and Registration has not ctisputed tl.rc submissions made by the learned Counsel lor the petitionr.r. with regard to the disposal o[ w.p.No.8556 of 2025 datecr r0.04.2025 and submitted that tl-re petitioner, without mal<ing rrn,v application for the layout regularizatior-r (LRS-2020) as pe- G.().Ms.No.2g, lrlunicipal ACn-rinistration ar.rd Urban Develroment (p1g.III) Department, clatcd 20.O2.2025, approachecl t)re respondent authorities for registration of the pending docr Lrnent, as such, the respondent authorities rejected the docume nt presented by the petitioner. However, if the petitioner comes .lbru,ard to pay the requisite fee as per the rules contemplated r: tht: aloresaid G.O., the respondent authorities will consider lhe sane and --:----7 5 pass orders as per law and requested to pass appropriate orders.

7. After hearing both sides ald on perusing the entire materia-1 on record, this Court is of the considered view that the objections raised by the registering authority with regard to linked documents is considered by this Court in W.p.No.8556 of 2025 and passed orders on 70.O4.2025 and the relevant portion of the said order reads as under: "4.The relevant portion of the order in W.p.No. 163 1O of 2O19 and batch dated 1 | .O | .2023 is as under:

13. The power of the registering authority to refuse registration is only, if any of the grounds or objections that are enumcrated undcr thc provisions of the Rcgistration Act, I908, and the Rules made thcreunder in particular Sections 19,20, 2I, 22-A, 34, 35 and rule 58 of thc Telangana Rules under thc Registration Act, 1908, are existing in respect of any such document presented lor the registration. Except, the grounds or objections that a_re enumerated under the provisions of the Rcgistration Act, 1908, the registering authorities have no authority to refu sc registration of a document on any othcr ground. As already noted above, the ground on rvhich the impugncd refusal orders in all these batch of Writ Pctitions are passcd is that the link document shown in the respcctivc documents is a validated and an unregistered document. By looking into a validity of the link document, the registcring authority is indirectly verifying whether thc executants of the respective documents are having valid title or not to cxecute the documents in question. As held in the above referred judgment in the casc of Dr. Yadla Ramesh Naidu (1 supra), the registering authority is not cntitlcd to go into the title of the parties to 6 'l - . " "ourra,!e.

14. As righ tlr co Pleader tl,. authorities *;;;,;," the docurnent. It is a o o"u _.,, r *lli ; ;, ;;,:.|.j,",1 JttJli:jn;, I I "1,:.;." ll;.,; Itauing a ;X::;t J"[l":J; :"1' "'iia''rii"',',1,',]',,," propc,l u",]a* ,,.,J". iillrllln-",,"r of a parricutar- -tocurncnr, s('r ' tn-r' Litle over such property .,,r0 -".1t'-":l."tt..ontt ^not ";'."#;::ilil "j ;,:il, 1,,il.1,:::,..::i "5i.;.l"nceded by the learn<'r (')o'crnmenr Registration, rlrc rcgistering ** ;: ":it:, il=; [:[: r=itrf#. if", Tn..il]L til: ; I l,t ll,il ; : i::rv;i' ;; " il' il:"::;:,:":"1,1!$,,.' :.,.14[*:i:: oocumeitt cannot be a ava i rabre , " ;;;l' ;:*, ",.;:Tt';:. ;;,1" :l :.,.i, I ;; ;; i,1; ;"; ot a docum(,nt on thal ground. 19. In thc liehr of rl above' this court is rrrthe slrant to hold that rr," .e ::,,.,r..g i; .;;; * ;:;,':;?l. ;"Si":':,11 ;:l?,lil l, il. I:;,X* rhat the link documcnt relerrecl ," _ i,, documenl is a varidetcd document or i" ,..rr'_j rr.grsr rurion ol such documcnr hv pllrcing ,ar,r".",1,.,"., ,1,,_,..,.,,,",,,, dated 02.Ot.2OOa, issuea Uv ,n" lnspector Cr.neral of Sta r he' i m pu sn ed ;;";_,"; "fi i..S:.Xii, i^ili, B:;,, ) ;:.: ilJlt:; aside and Writ Pctitions a.rc.allou.ed *;,f,'o fr.,,],,l , ,. drrccll,rn lo the respondcnt resislcring ,rttro.,r'i"",.i", ,.,1, "ir. tt returned (rocumenrs anrr r6 p;i..";' ,;:,,;;,.1,. ,ii,,.,., ,, ,t" " lll.1:!:: or rhc said docume;;"'...#rir,ill,,,*,,n 3i:[=Jn: i'rJl: o"*'.,.,,ion nfil ,niir",i,,i' ,rr,. ]rrdian rht. I. llrf;.@r,s case {supra t). thc Hon,ble Suprcnrc Court held held by ,h.-:,;;.;;;'rrrcer ls not conccrned *i l' thc tirle d_e_cide wh eih";' ; ; " ::.I.i^l?" n:: :ii:til:,, i,, !;*;. ;,; cxecu(anr (.xc(.ur(.s rr satc dced ji.r,,., , ,,t n ";'r";;;J'.i,.,. , ;il:./""#;::.:";j":nl:n.5 .1,. ,,; ;;," ;; : :, iis,e,ing regrster the documcrtr ir' all the procedural rl u ry as *.il I #i i." ;:;,:fr::_::i.#il"il,lX,,, iu -, "o;"rl;;;.""", ""."e i "The rcp.istcn n u ol.f "i.,r;;,,:rr,,,,.,". respectivc " ",, 7 note here that under the scheme of the l90g Act, it is not the function of the Sub-Regislrar or Registering Authority to ascerLain whether the vendor has title to the property which hc is seeking to transfer. Once the registering authority is satished that thc parties to the document are present before him and the parties admit exccution thereof before him, sub.ject to making procedural compliances as narrated above, the document must bc registered. The execution and registration of a document have the effect of tralsferring only those rights, if arly, that the executant possesses. If the executant has no right, title, or interest in the property, the registered document cannot effect any transfer. 8, In view of the submissions made on either side and by following the orders passed by this Court in W.p.No.g556 of 2025 dated lO.O4.2O2S and G.O.Ms.No.28, Municipal Administration and Urban Devciopment (plg.lll) Department, dated 20.o2.2025, this writ petition is disposed of directing the respondent authorities to receive and register the subject document presented by the petitioner uid.e pending document No.P.730 of 2025 dated 06.08.2025 in respect of the subject property,without reference to the Memo No.317 of 2O2S d.ated. 14.Oa.2O25 issued by respondent No.3 with respect to the intimation of refusal of the pending Document No.p.730 of 2025, and subject to condition that the petitioner has to pay the requisite charges as per G.O.Ms.No.2g, Municipal -s!i 8 Administration and Urbar-i Development (p161. II) Department, dated 20.O2.2O'25 and the said document c.rrrpll.ing with the provisions of the Registration Act, lgOB ancl rl-c Indian Stamp Act, 1899. Also, the respondent authorities irre at liberty to pass appropriate orders, if they have any ob.lection, by duiy assigning reasons in support of such decisicn r Lr rd c .rnmunicate the said decision to the petitioner. It is m.cl. clt'ar that this court has not expressed any opinion on merits .r trrc czise a-s to the entitlement of the petitioner to get thc s r bjct:t clocument registercd. There shall be no order as to costs. As a seque:l thereto, misccllaneous petltions pending, if an_r., in this Writ Petition,shall also stand closccl . -SD/-C. DEEPIKA -+sslsrANT REGISTRAR \\ //TRUE COPY// \ Secrroru oFFrcER To

1. The Principal Secretary, Revenue Department (Stamps arrd Registration), Secretariat, The State of Telangana, Hyderabad.

2. The District Registrar, Sanga Reddy District. At Sanga Re'ddy 3. The Joint Registrar-ll, S.R.O, Patancheru (R.O), Sanga Reddy District 4. One CC to SRl. RAVINDER REDDY IMUPPU Advocate [CPUC] 5. Two CCs to GP FOR STAIMPS AND REGISTRATION .High Court for the State of Tela ngana. [OUT]

6. Two CD Copies Yfr PVL BS I i HIGH COURT DATED:17110t2025 ORDER WP.No.31506 of 2O2S TrrE Sl.-t e '( :) , 0 4 t'l0ll zul 6 L 1$ a r,Argr.{eo DISPOSING OF THE WRIT PETITION WITHOUT COSTS YA Ji 1,r itS-