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2025 Supreme(Telangana) 1881

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SARATH, J.
Sri. Ramallakota Naresh – Appellant 
Versus
The State Of Telangana – Respondent 
Writ Petition No. 31506 of 2025
Decided On : 17-10-2025

Advocates:
Advocate Appeared:
For the Appellant : RAVINDER REDDY MUPPU
For the Respondent: GP FOR STAMPS AND REGISTRATION

Registering authorities cannot refuse registration of a document based solely on title issues if procedural compliance is met, as established by the Registration Act, 1908.

Headnote:(A) Registration Act, 1908 - Sections 19, 20, 21, 22-A, 34, 35 and Rule 58 of Telangana Rules - Petition concerning refusal of registration of sale deed for plot in unapproved layout - Respondent's order deemed arbitrary and contrary to G.O.Ms.No.28, allowing registration under specific conditions. (Paras 2, 3, 5, 6, 7)

(B) Authority of registering officers - Registering authorities cannot refuse registration solely based on title doubts; compliance with procedural aspects suffices. Judicial precedence establishes that title is not for registering authority to adjudicate. (Paras 7, 8)

Facts of the case:
Petitioner sought the registration of a pending sale deed concerning a plot in an unauthorized layout, previously sold under G.O. allowing exceptions; respondent denied registration citing unapproved layout.

Findings of Court:
Court directed registering authorities to process the sale deed presented by the petitioner, subject to payment of layout regularization charges, as outlined in the relevant Government Order.

Issues: Whether the registering authority can refuse registration based on the status of a link document and whether the petitioner is entitled to registration under G.O. provisions.

Ratio Decidendi: The court ruled that the registering authority is bound to register documents once procedural requirements are met, regardless of title questions.

Result: Writ Petition allowed, directions issued for registration upon requisite fees.

ORDER :

1. Heard Sri Muppu Ravinder Reddy, learned Counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this Writ Petition is disposed of at the stage of admission itself.

2. Learned Counsel for the petitioner submits that the petitioner filed the present Writ Petition seeking to declare the action of respondent No.3 in refusing to process the registration and release the pending Sale Deed dated 06.08.2025 bearing Document No.P.730 of 2025 under Memo dated 14.08.2025 vide Memo No.317 of 2025 in respect of plot admeasuring 500 Sq.Yards in Plot No.354-G, in Block-G, in Sy.No.342, situated at Tellapur Village & Municipality Ramachandrapuram Mandal, Sangareddy District, is contrary to G.O.Ms.No.28, Municipal Administration and Urban Development (Plg.III) Department, dated 20.02.2025, issued by the Government of Telangana, as illegal and arbitrary.

3. Learned Counsel for the petitioner further submits that the impugned Refusal Order No.24 of 2025 dated 06.08.2025 passed by respondent No.3 is based on the instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana vide Memo No.G2/257/2019 dated 26.08.2020, where it is mentioned as under:

“The Plots are part of Layout not duly approved by the competent authorities such as GHMC, HMDA, DTCP, etc. The ownership is supported by the registered link documents that could establish the chain of title.”

4. Learned Counsel for the petitioner further submits that the reasons mentioned in the present Writ Petition with regard to the link documents is already considered by this Court in W.P.No.8556 of 2025 on 10.04.2025 directing the respondent authorities therein to receive and register the sale deed presented by the petitioners therein in respect of the subject plots without reference to the letter dated 02.01.2008 issued by respondent No.2 therein with regard to refusal of registration.

5. Learned Counsel for the petitioner further submits that, as per G.O.Ms.No.28, Municipal Administration and Urban Development (Plg.III) Department, dated 20.02.2025, at paragraph No.3 of the Amendments, it is stated that any unregistered plots which are forming part of an unauthorized layout wherein 10% of plots were already sold through registered sale deed on or before 26.08.2020, irrespective of whether such owners have applied under LRS-2020 or not, shall be permitted for registration with the competent Sub- Registrar, duly collecting the layout regularization charges and pro-rata open space charges as mandated. The details of such plots shall be collected in the prescribed format by the sub- registrar and transmitted to the LRS portal for processing under these rules. In spite of that the registering authority, without collecting the requisite layout regularization charges and pro- rata open space charges, passed the refusal order. Therefore, learned Counsel requested to allow the Writ Petition by directing the respondent authorities to receive and register the subject document bearing pending document No.P.730 of 2025 and release the same in pursuance of the G.O.Ms.No.28, Municipal Administration and Urban Development (Plg.III) Department, dated 20.02.2025 issued by the Government of Telangana.

6. On the other hand, learned Assistant Government Pleader for Stamps and Registration has not disputed the submissions made by the learned Counsel for the petitioner with regard to the disposal of W.P.No.8556 of 2025 dated 10.04.2025 and submitted that the petitioner, without making any application for the layout regularization (LRS-2020) as per G.O.Ms.No.28, Municipal Administration and Urban Development (Plg.III) Department, dated 20.02.2025, approached the respondent authorities for registration of the pending document, as such, the respondent authorities rejected the document presented by the petitioner. However, if the petitioner comes forward to pay the requisite fee

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