Telangana High Court
Dadireddy Venkata Subba Reddy vs The State Of Telangana on 26 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.9164 OF 2026
26th MARCH, 2026.
Between:
Dadireddy Venkata Subba Reddy
...Petitioner
AND
The State of Telangana,
Rep. by its Principal Secretary,
Revenue (Registration and Stamps) Department,
Secretariat Buildings, Hyderabad
and (3) others.
... Respondents
ORDER :
With the consent of both the parties, this Writ Petition is taken up for disposal at the stage of admission itself.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue General (Stamps and Registration), appearing for the respondents.
3. The petitioner, being aggrieved by the action of respondent No.4 in issuing the impugned Refusal Order No.20/2025 dated 11.11.2025 in respect of the sale deed 2 presented by the petitioner and pending as Pending No.131/2025, relating to Plot No.274 admeasuring 200 square yards (167.2 square meters) situated in Sector 'C' of "Sai Nagar" in Survey Nos.255, 261, and 264, at Aushapur Village, Ghatkesar Municipality, Ghatkesar Mandal, Medchal- Malkajgiri District, as being illegal and arbitrary, has filed the present Writ Petition seeking to set aside the said Refusal Order and to direct respondent No.4 to register the said sale deed.
4. 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.
5. Learned Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the petitioner. He submits that the petitioner has not submitted the document before the 1 2025 SCC OnLine SC 740 3 respondents and if they submit 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.
6. 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 document. 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 4 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.
7. 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 deed 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.
8. 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 5 Hon'ble Supreme Court in K. Gopi's case (supra 1) and for the reasons mentioned therein, the Writ Petition is allowed 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 refusal order dated 11.11.2025 issued by respondent No.4 and subject to condition of the said documents complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.
Miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.
____________________ PULLA KARTHIK, J Date: 26.03.2026.
NSP