IN THE HIGH COURT FOR THE STATE OF TELANGANA
N.V. SHRAVAN KUMAR, J
Shilpika Ketan Turakhia - Petitioner
Vs.
The State of Telangana - Respondent
Writ Petitions No.9881, 9939, 9952 and 9963 of 2024
Decided On : 10-06-2025
| Table of Content |
|---|
| 1. writ petitions challenge registration refusals. (Para 1 , 2) |
| 2. previous registration and refusal context. (Para 4 , 5 , 6 , 10) |
| 3. legal requirements for document registration. (Para 7 , 8) |
| 4. discrepancies in land details affect registration. (Para 9 , 14 , 15) |
| 5. court's observations on the discrepancies in property documents. (Para 11 , 12 , 13) |
| 6. court's conclusion on petition merits. (Para 16 , 17 , 18) |
ORDER :
1. Writ Petitions No.9881, 9939, 9952 and 9963 of 2024 have been filed seeking to set aside the Memo No.146, 145, 186 and 187 of 2023 dated 15.03.2023 and 12.04.2023, respectively, wherein and whereby, the 3rd respondent, Sub-Registrar, Champapet, refused registration of the Pending Documents No.P-60, 59, 84 and 85 of 2023, respectively, intimating the petitioners that as per Section 22-A (1)(a) of the REGISTRATION ACT 1908 the survey numbers of the property comes under Government Land besides there is no NALA proceeding and the subject land falls under unauthorised layout.
2. Since the issues fell for consideration in all these writ petitions are common, whereby impugned Memos concerning the pending documents are questioned, as such, all these writ petitions are taken up for analogous hearing and are being disposed of by way of this common order.
3. It is to be noted that in W.Ps. No.9881, 9939, 9952 and 9963 of 2024, wherein the impugned Memos issued are pertaining to the Sale Deed Documents dated 04.02.2023, 04.03.2023 and 01.04.2023, respectively.
4. It is the case of the petitioners that on the earlier occasion they filed W.Ps. No.1739, 1736, 7357 and 7324 of 2023 aggrieved by the action of the 3rd respondent in refusing to receive, register and release the documents submitted by the petitioners for registration in respect of the land admeasuring 14,520 sq.yds., 4,840 sq.yds., 4,840 sq.yds., and 4,840 sq.yds., respectively, which is part and parcel of land in Sy.No.99/1/5 of Mamidipalle village of Balapur Mandal, Kandakur Revenue Sub-Division, Ranga Reddy District, without assigning any reasons and the same were disposed of by this Court on 23.01.2023 and 16.03.2023, respectively, with a direction to the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899 leaving it open to the Registering Authority to refuse the document presented, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. Subsequently, the petitioners upon execution of the documents and after duly paying the requisite challans have submitted the subject documents for registration and completed the entire registration procedure. Thereafter, the 3rd respondent took it upon himself and issued the impugned Memos dated 15.03.2023 and 12.04.2023, respectively refusing registration of the pending documents. Challenging the same, the petitioners have filed the present writ petitions.
5. On behalf of the 3rd respondent, Sub-Registrar, Champapet, while denying the writs averments, had filed separate counters/vacate affidavits in all these writ petitions, (For the sake of convenience, averments made in counter/vacate filed in W.P. No.9939 of 2024 are taken note), inter alia, stating that a sale deed was executed on 04.03.2023 by ZAL MANECK FOUNDATION represented by its Trustee Sarosh Sam Bastawala in favour of Sarika Kuchimanchi affecting an extent of 4840 sq.yds., in Sy.No.99/1/5 of Mamidipalli village, Balapur Mandal, Kandukur Revenue Division, Ranga Reddy District and was presented before the 3rd respondent for registration which was initially kept pending as P.No.59 of 2023. On scrutiny of the document, it was noticed that the schedule property was notified under Section 22(A) of the REGISTRATION ACT , 1908. The petitioners were informed refusal of registration vide impugned Memos dated 15.03.2023. The documents were refused regist
The classification of land as government property under the Registration Act prohibits its transaction, justifying refusal of document registration when discrepancies exist.
Notification under S.22-A(2) of the Registration Act essential for prohibiting registration of documents concerning government land.
The court ruled that a notification inviting objections does not constitute a valid basis for refusing property registration under the Registration Act, emphasizing compliance with statutory provisio....
The main legal point established in the judgment is that the refusal for registration of properties based on defective notifications under Section 22-A of the Registration Act was illegal, arbitrary,....
Registering authorities must register documents presented if procedural requirements are satisfied, regardless of ownership disputes, ensuring compliance with the Registration Act and securing justic....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.