Telangana High Court
Bhukya Malothu Bharathi vs The State Of Telangana on 17 April, 2025
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.19016 OF 2024
ORDER:
1. This writ petition is filed questioning the
Endorsement order passed by the respondent No.4 in
Rc.No.B/256/2024 dated 23.05.2024, whereby the
document presented by the petitioner for registration in
respect of the land admeasuring to an extent of Ac.1.10
guntas in Sy.No.811/E, situated at Nallabelli Village,
Wardannapet Mandal, Warangal District was refused on
the ground that a Civil Suit vide O.S.No.27/2024 is
pending on the file of II Additional Senior Civil Judge,
Warangal.
2. Heard the learned Counsel for the petitioner,
learned Assistant Government Pleader for Stamps and
Registration appearing for the official respondents and
the learned Counsel for the respondent No.5.
3. The learned Counsel for the petitioner would
submit that the petitioner is the owner and possessor
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W.P.No.19016_2024
land admeasuring to an extent of Ac.1.10 guntas in
Sy.No.811/E, situated at Nallabelly Village,
Wardannapet Mandal of Warangal District (hereinafter
referred to as 'subject land'), having acquired from her
grandfather in the year, 2016 by way of gift and her
name was also mutated in the revenue records and
Pattadar pass book was also issued to her vide Pass
Book No.T22150030635 A/c No.1049. In order to meet
the family necessities, the petitioner entered into an
agreement with a prospective purchaser and a slot was
also booked for registration duly paying registration
charges of Rs.30,888/- and presented the document
on 14.05.2024 for registration, but the respondent No.4
vide impugned Endorsement dated 23.05.2024 refused
to register the same on the ground that one Gugulothu
Vijaya, respondent No.5, has filed objection petition
before the respondent No.3 requesting not to effect any
registration in respect of the lands in Sy.No.811/E,
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W.P.No.19016_2024
674/A, 675 and 640/E as a Civil suit is pending before
the II Additonal Junior Civil Judge, Warangal.
4. The learned Counsel for the petitioner would
submit that the petitioner submitted a detailed
explanation to the impugned Memo. The subject
property is not covered under Section 22-A of the Act
since the subject property is purely patta land and it is
not kept under prohibited list nor any orders from the
Courts restraining the respondent authorities from
registration of the subject land.
5. The learned Counsel for the petitioner would
further submit that the Registration authority is not
empowered to refuse to register a document when
presented for registration, except in the case, property
sought to be registered under the document is covered
by any of the properties in Section 22-A of the
Registration Act and in the event, the Registration
authorities refused to register the a document, he has to
pass an order under Section 71 of the Act by recording
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the reasons and requested to allow the writ petition by
directing the respondent-authorities to receive, register
and release the document sought to be presented by the
petitioner. Further the registering authority is
prohibited from registering documents only when there
is order of injunction from a competent civil Court, but
the registering authority cannot stop registration of the
document.
6. The learned Counsel for the petitioner in support
of his contention placed reliance on the following
Judgment:
Thirumala Venkata Reddaiah Chowdary and
another Vs. Potla Krishna Prasad and others 1
7. The learned Assistant Government Pleader for
Stamps and Registration and the learned Counsel for
the respondent No.5 would fairly conceded that the
subject property is not covered under Secton 22-A of the
AIR 2009 AP 166.
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W.P.No.19016_2024
Registration Act, nor there is any order from the Civil
Court restraining the registration of the subject
property and requested to pass appropriate orders.
8. After hearing both sides and on perusing the
document, admittedly the property sought to be
registered is not covered by under Secton 22-A of the
Registration Act. Further there is no order from the
competent Civil Court prohibiting registration of the
subject land. Merely basing on objection received by the
respondent No.5, the registration authority cannot
refuse to receive and register the document. In view of
the same, the impugned Endorsement
Rc.No.B/256/2024 dated 23.05.2024 issued by the
respondent No.4 is liable to be set aside.
9. In view of the above finding, this Writ Petition is
disposed of by setting aside the impugned Endorsement
Rc.No.B/256/2024 dated 23.05.2024 and the
registration authority is directed to receive, register and
release the document sought to be presented by the
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W.P.No.19016_2024
petitioner in respect of the subject land, forthwith,
subject to the petitioner complying the provisions of the
Registration Act, 1908 as well as the Indian Stamps Act,
1899. No order as to costs.
10. Miscellaneous Petitions, if any, pending in this writ
petition shall stand closed.
_____________________
JUSTICE K.SARATH
Dated: 17.04.2025
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