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IN THE HIGH COURT OF TELANGANA
K.SARATH
Y. Venkat Swamy – Appellant
Versus
State of Telangana – Respondent
ORDER :
(K. SARATH, J.)
Since both these writ petitions arise out of the same suit schedule property, they are being disposed of by this common order.
2. In W.P.No.8508 of 2020, the petitioners are questioning the action of the respondent No.2 i.e, Sub- Registrar, in trying to register the document purported to be a will deed executed by Smt K. Pushpavathi by forging her signature in favour of the respondent Nos.4 and 5 without considering the representation dated 09.12.2019 as illegal and arbitrary.
3. In W.P.No.25229 of 2023, the petitioner is questioning the action of the respondent No.3 in issuing the order of Intimation of Refusal No.41/2023 dated 26.07.2023 in terms of Section 22(A) of Registration Act, 1980 in thereby refusing to register and release the pending registration of Document No.P.152/2023 dated 20.07.2023 pertaining to the petitoner’s property i.e., residential house No.03-180 (PTIN.1150200884) admeasuring 142.0 sq. yards or equivalent to 118.71 sq. mtrs with plinth area 455.0 sft covered under Block No.03 and Ward No.01 situated at Suraram Colony, Suraram Village, Qutubullapur Mandal, Medchal-Malkajgiri District, Telangana State, on the ground of pendency of W.P.No
The registration authorities cannot refuse to register a document based on the pendency of a writ petition when a decree has been issued in favor of the parties seeking registration.
The Sub Registrar cannot refuse registration of a document solely due to title disputes unless it is proven the vendor has no title over the property in question.
Registering authorities lack power to cancel documents as fraudulent after Section 77-A invalidation; title disputes for civil court.
The Sub Registrar must register a sale deed if procedural requirements are met, regardless of title disputes, as they lack adjudicative authority regarding ownership.
The Sub-registrar has no authority to refuse registration of a deed based on allegations of forgery, as disputes of title are exclusively within civil courts' jurisdiction.
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