IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SARATH, J.
Sri Konda Srinivas – Appellant
Versus
The State Of Telangana, Represented By Its Principal Secretary, Revenue, Secretariat, Hyderabad And Four Others – Respondent
Writ Petition No.10473 Of 2025
Decided On : 08-01-2026
| Table of Content |
|---|
| 1. challenge against refusal order details. (Para 1) |
| 2. arguments regarding property ownership and refusal context. (Para 3 , 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13) |
| 3. court's observations on prior litigation issues. (Para 4 , 9 , 14 , 16) |
| 4. legal principle on the registration authority's powers. (Para 15) |
| 5. writ petition ruled in favor of the petitioner. (Para 17) |
ORDER :
K.SARATH, J.
1. This Writ Petition is filed questioning the action of the respondent No.5 in passing the refusal order No.39/2025 dated 17.03.2025 basing on the letter issued by the respondent No.3 to the respondent No.2 on 23.01.2025 vide letter No.E1/4478/2024, as forwarded by the respondent No.4 to the respondent No.5 vide a Memo No.1417/2025 dated 03.02.2025 as arbitrary and illegal and consequently sought to set aside the refusal order in respect of plot Nos.15 and 15-A, admeasuring to an extent of 200 and 100 Sq.Yards respectively, situated in Sy.No.36/11, Phase II, situated at Vinayaknagar Mutually Aided Cooperative Housing Society Ltd., Gopanapally Village, Sherilingamapally Mandal (hereinafter referred to as ‘subject property’).
2. Heard Sri B.Mayur Reddy, learned Senior Counsel appearing for Sri Srikanth Satari, learned Counsel for the petitioner and Sri K.Muralidhar Reddy, learned Government Pleader for Stamps and Registration appearing for the respondents.
3. The learned Senior Counsel appearing for the petitioner would submit that the petitioner has purchased the subject property vide registered sale deed No.1139/2024, dated 08.02.2023 and presented the sale deed before the respondent No.5 for registration. It was initially registered as pending Document No.14/2023 and thereafter refused to register the sale deed vide refusal order No.8/2023 dated 16.02.2023 basing on the letter issued by the respondent No.3 to the respondent No.2 in letter No.E5/2825/2021 dated 10.06.2021 as the subject property is listed under Section 22-A of the Registration Act. The very said letter was challenged in W.P.No.16109/2024 by one Dasari Rama Murthy and the said writ petition was disposed of on 19.07.2024 directing the registering authorities to register the subject property without reference to the letter No.E5/2825/2021 dated 10.06.2021. Questioning the refusal order, the petitioner filed W.P.No.3328/2025 and the said writ petition was disposed of on 06.02.2025 directing the respondents authorities to register the document presented by the petitioner as the said writ petition is covered by the orders passed by this Court on WP No.16109/2024. Pursuant to the orders passed by this Court in WP No.3328/2025 the petitioner presented the subject document, however, the respondent No.5 refused to register the said document on the ground that the respondent No.3 issued another letter to respondent No.2 on 03.02.2025 in Memo No.1417/2025, wherein just the number and date of Memo is changed but the context of the said Memo dated 10.06.2021 is repeated in text in the Memo dated 23.01.2025 which is nothing but an attempt to overreach the orders passed by this Court in WP Nos.16109/2024 and WP No.3328/2025 and sought a direction to the respondent authorities to receive, register and release the subject document presented by the petitioner without reference to the refusal order No.39/2025 dated 17.03.2025.
4. The learned Senior Counsel for the petitioner in support of his contentions placed reliance on the following Judgments:
1. K. Gopi Vs. Sub-Registrar and others 2025 SCC OnLine SC 740
2. Joint Collector, Ranga Reddy District and another Vs. D. Narsing Rao & Others (2015) 3 SCC 695
3. Sirigiri Poonamma Vs. The State of Telangana, rep. by its Principal Secretary, Revenue Department (Registration and Stamps), Secretariat, Hyderabad Unreported Judgment of this Court (DB) in WP No.3777 of 2025 dated 10.02.2025
5. The learned Government Pleader for Stamps and Registration basing on the counter filed by the respondent No.3 would submit that as per Khasara Phanai for the year 1
Joint Collector Ranga Reddy District and another Vs. D. Narsing Rao & Others
Registering authorities must register documents presented if procedural requirements are satisfied, regardless of ownership disputes, ensuring compliance with the Registration Act and securing justic....
Refusal to register a sale deed based on draft notifications without final issuance is illegal; registration does not confer title.
The court established that proper notifications and adherence to guidelines are essential for enforcing prohibitions on property registration under Section 22(A) of the Registration Act.
The doctrine of res judicata applies to writ petitions, preventing re-litigation of issues already decided, thereby ensuring finality in judicial decisions.
The main legal point established is that the grounds for refusal of registration must align with the provisions of the Registration Act, 1908, and should not be based on invalid reasons.
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.