SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Telangana) 2080

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SARATH, J.
M/s. Sudhakara Infra Tech Pvt. Ltd., Rep. by its Managing Director, Sri Allam Sudhakara Reddy – Petitioner
Versus
The State of Telangana, Rep. by its Principal Secretary, Registration and Stamps Department & others – Respondents
Writ Petition No.37374 of 2025
Decided On : 12-12-2025 

Advocates:
Advocate Appeared:
For the Appellant : Akhil Munnuri
For the Respondent: GP For Stamps And Registration

The registering authority has no power to verify property title; refusals must be legally justified and based on procedural compliance.

Headnote:(A) Registration Act, 1908 - Section 72 - Writ petition challenging the dismissal of an appeal against a refusal order regarding the registration of land - The refusal was based on lack of layout approval and discrepancies in property titles and ownership records. - The petitioner contested the dismissal, citing non-communication of the refusal order and previous court rulings. (Paras 2-13)

(B) Legal Obligation - The registering authority cannot verify the title of parties as per precedent, and refusal must be based on procedural non-compliance. The court found the prior refusal order arbitrary and set it aside. (Paras 13-15)

Facts of the case:
The petitioner filed an appeal after the registration authority refused to register land based on discrepancies found between the survey records and the property documents. The court previously ruled on similar grounds regarding payment of conversion charges for registering agricultural land.

Findings of Court:
The refusal order was arbitrary as the registering authority overstepped its powers by questioning the title without proper guidelines. The dismissal of the appeal was not substantiated by law.

Issues: The central issues revolved around procedural adherence for land registration and the authority's power to question title.

Ratio Decidendi: The court ruled that the registering authority must not refuse registration based on title verification, noting that procedural obligations were satisfied by the petitioner with appropriate payments.

Result: Writ Petition allowed.

Table of Content
1. challenge to dismissal of appeal under registration act. (Para 2 , 3)
2. previous issues related to land conversion charges. (Para 4 , 5)
3. role of sub-registrar regarding title verification. (Para 6 , 7)
4. refusal order based on procedural compliance. (Para 9 , 10)
5. court's authority to mandate registration subject to compliance. (Para 11 , 12 , 14)
6. writ petition disposed with instructions to register the document. (Para 15 , 16)

ORDER :

Heard Sri P. Raja Sripathi Rao, learned Senior Counsel, representing Sri Akhil Munnuri, learned counsel for the petitioner and Smt. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. Perused the material available on record. With the consent of both parties, this writ petition is disposed at the stage of admission itself.

2. Learned counsel for the petitioner submits that this Writ Petition is filed questioning the action of respondent No.3 in dismissing the petitioner’s appeal bearing Appeal No.46 of 2024 vide order dated 28.12.2024 filed under Section 72 of Registration Act, 1908 (for brevity, “the Act, 1908”), which was served on the counsel for the petitioner on 25.09.2025 through speed post and also Refusal Order No.02 of 2024 dated 25.05.2024 passed by respondent No.4 in respect of subject land, as illegal and arbitrary.

3. Learned Senior Counsel appearing for the petitioner further submits that the refusal order dated 25.05.2024 passed by respondent No.4 is based on two grounds, which are extracted hereunder:

“1. As it is observed that as seen in admeasuring there is large extent with 24,321 Sq yards as per the layout but the layout not approved by any competent Authorities".

2.As per the C & IG, (R&S) Dept Memo No. G3/3247/2018 dt:01.05.2019 whenever huge lands are shown in Sy. yard is, the Sub-Registrar shall invariably refer webland (Dharani) and find out the real owners as per the Revenue Records and insist upon conversion Certificate of Agricultural land into non-agricultural land issued by the competent authority. Further, on the verification of the Dharani web records the Pattader names are not matching with the survey numbers mentioned in the Schedule of property.”

4. Learned Senior Counsel further submits that the said issue was already considered by this Court in W.P.No.16005 of 2024 dated 02.07.2024, wherein similar orders were passed regarding to the payment of NALA conversion charges. In the present case, the petitioner has paid to an amount of Rs.11,00,000/- on 25.11.2023 towards the conversion of the land from agricultural to non- agricultural vide SBI Challan No.(ATRN)7822919775517 and the same is pending for consideration before the competent authority.

5. Learned Senior Counsel further submits that aggrieved by the refusal order dated 25.05.2024 passed by respondent No.4, the petitioner preferred an appeal before respondent No.3 under Section 72 of the Act, 1908. The said appeal was dismissed vide order dated 28.12.2024 on the ground that it was filed beyond the stipulated period of one (1) month from the date of receipt of the refusal order, i.e., the petitioner received the refusal order on 14.06.2024 and filed the appeal on 27.09.2024. It is further submitted that the respondents neither served nor communicated the refusal order to the petitioner and it was received only when the petitioner’s representative one Sri K.Bhadra Reddy, obtained a copy of the order on 12.09.2024 and the petitioner filed the appeal within one (1) month thereafter. Despite the same, the respondents rejected the said appeal filed by the petitioner without showing the attachment of communication or orders received by the petitioner, which is arbitrary and illegal. Further, the refusal order passed by the respondent No.4 is contrary to the orders of this Court in W.P.No.16005 of 2024 dated 02.07.2024.

6. Learned Senior Counsel for the petitioner further submits that the impugned order passed by respondent No.4 mentioning

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top