Telangana High Court
Sri Modala Anjaneyulu vs The State Of Telangana on 30 July, 2025
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.22186 of 2025
ORDER:
Heard learned counsel for the petitioner and
Ms. S.Sravanthi, learned Assistant Government Pleader
for Stamps and Registration appearing for the
respondents and 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.16310 of 2019 and batch dated 11.01.2023
and also the recent Judgment of the Hon’ble Supreme
Court in K. Gopi Vs. The Sub-Registrar 1 and
requested to pass similar order in this writ petition.
3. Learned Assistant Government Pleader for
Stamps and Registration has not disputed the
1 2025 SCC OnLine SC 740
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W.P.No.22186 of 2025
submission made by the learned counsel for the
petitioner. He submits that the petitioner has not
submitted 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, 1908 and the Indian Stamp Act, 1899.
4. The relevant portion of the order
in W.P.No.16310 of 2019 and batch dated 11.01.2023
is as under:
13. The power of the registering authority to refuse
registration is only, if any of the grounds or objections that are
enumerated under the provisions of the Registration Act, 1908,
and the Rules made thereunder in particular Sections 19, 20, 21,
22-A, 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 refuse 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 (1 supra), the registering
authority is not entitled to go into the title of the parties to the
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W.P.No.22186 of 2025document. 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 authorities 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 and such a ground is
not available to 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 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 02.01.2008, issued by the
Commissioner and Inspector 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 complying with the provisions of
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
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W.P.No.22186 of 2025deed or a lease in respect of a land in respect of which he has no
title, the registering officer cannot refuse to register the document
if all the procedural compliances 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 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 document have the effect of
transferring only those rights, if any, 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 passed in W.P.No.16310 of
2019 and batch dated 11.01.2023 and also the
Judgment of the Hon’ble 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 Letter C & IG Endt.
No.CIG.Mail/AR/2008, dated 02.01.2008 issued by the
respondent No.2 and subject to condition of the said
document complying with the provisions of the
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W.P.No.22186 of 2025
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.
________________________
JUSTICE K.SARATH
Date: 30.07.2025.
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