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2025 Supreme(Telangana) 2255

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J.
Abdul Khader, S/o.Late Mr.Moosa Bhai @ Moosa (died) - Petitioner
Versus 
The State of Telangana, Rep Through Its Principal Secretary, Stamps And Registration Department And Others - Respondents
W.P.No.34325 of 2023
Decided On : 19-06-2025

Advocates Appeared:
For the Petitioner:Sri Mustafa Basith learned counsel for petitioners
For the Respondent: Learned Government Pleader for Stamps and Registration, A. Venkatesh, Learned Senior Counsel Representing, Sri K. Vijay Bhakar Reddy, Learned Counsel Appearing

A registering authority must adhere strictly to judicial orders, and any registration in contravention of such orders is void ab initio.

Headnote:(A) Registration Act, 1908 - Prohibitory Orders - Writ jurisdiction - The actions of the Sub-Registrar in registering deeds concerning properties bound by judicial prohibitions were held to be illegal. Compliance with court orders is mandatory to prevent dereliction of duty by the registration authority - The petitioners claimed ownership over properties through a registered gift deed, challenged the subsequent unilateral cancellation of that deed, and contended the registration was in direct violation of the court's status quo order. (Paras 1-41)

(B) Writ Petition - Maintainability - The court acknowledged that the existence of an alternative remedy does not bar the exercise of writ jurisdiction when there is a violation of judicial orders or statutory obligations. (Paras 24-25)

(C) Title and registration - The court emphasized that registration alone does not confer title, and disputes regarding ownership must be resolved in civil court. Unilateral cancellation of deeds cannot occur without court intervention. (Paras 38-39)

Facts of the case:
The petitioner claimed ownership of several properties via a gift deed but faced registration of contradictory deeds executed by others in violation of a subsisting court order.

Findings of Court:
The court concluded that the registration of these contradictory deeds was unlawful under existing judicial orders and invalidated the Sub-Registrar's actions.

Issues: Whether the Sub-Registrar could lawfully register deeds concerning properties under judicial prohibition, and the adequacy of writ proceedings as a remedy.

Ratio Decidendi: The court reiterated that adherence to judicial orders is crucial and that registration of documents intertwined with ongoing litigation is invalid until resolved in a competent civil court.

Result: The writ petition was disposed of with an order to invalidate the contravening registrations.

ORDER :

N.V. SHRAVAN KUMAR, J.

The Petitioner is aggrieved by the action of respondent No.4 in registering the sale deeds i.e., (1) C.S.No.2999 of 2021, P.No.224 of 2021, PN dated 27-12- 2021 registered as document No.609 of 2023 registered on 27.12.2021 (2) C.S.No.3000 of 2021, P.No.225 of 2021, PN dated 28-12-2021 registered as Document No.610 of 2023 on 27.12.2021, (3)C.S.No.3001 of 2021, P.No.226 of 2021, PN dated 28-12-2021 registered as document No.611 of 2023 on 27.12.2021 in respect of properties i.e., seven (7) Shops on Ground Floor bearing M.Nos.22-7-294/19, 22-7-294/20, 22-7-294/21, 22-7- 294/22, 22-7-294/23, 22-7-294/24, 22-7-294/25, three (3) shops on First Floor bearing M.Nos.22-7-294/26 and 22-7-294/27 and remaining first floor Residential portion bearing M.No.22-7-294/28 and entire Second floor residential bearing M.No.22-7-294/29 (On plot No.A, in old premises No.22-7-253 to 264, totally admeasuring 250 Sq. yards with total built up area of 6750 Sq. Feet, (i.e., 2250 Sq. Feet each floor), situated at Inside Diwan Devdi, Hyderabad, Telangana (hereinafter referred as ‘the subject properties’) during the subsistence of restraining/ prohibitory Orders passed in I.A.No.618 of 2019 in O.S.No.599 of 2019 on the file of XXVI Additional Chief Judge, City Civil Court, Hyderabad.

2. During pendency of the present Writ Petition, the 1st petitioner died and vide order dated 10.12.2014 the LR’s i.e., petitioner Nos.2 to 5 were brought on record.

3. Facts in brief as stated in the Writ Petition are as follows:

Petitioner submits that he acquired seven (7) Shops on Ground Floor, three (3) shops on First Floor and remaining first floor Residential portion and entire Second floor residential (the subject properties - on plot No.A, in old premises No.22-7-253 to 264, totally admeasuring 250 Sq. yards with total built up area of 6750 Sq. Feet, (i.e., 2250 Sq. Feet each floor), by way of Registered Gift Deed vide Document No.145 of 2008 dated 28-01-2008 registered at the office of Sub-Registrar, Charminar, Hyderabad.

4. Petitioners further case is that the said Gift Deed bearing Document No.145 of 2008 was cancelled unilaterally vide Cancellation of Gift Deed bearing document No.1775 of 2012, dated 12-12-2012 and Gift Deeds in favour of one Mr.Abdul Raheem and Ms.Zubeda Bai got executed vide Document Nos.1780 and 1781 of 2012 and 1013 of 2013 in respect of the subject properties. The petitioner filed W.P.No.12962 of 2014 and this Court by an order dated 24.04.2014 restrained the Respondents from alienating the properties. Thereafter the Petitioner filed a suit viz., O.S.No.599 of 2019 for declaration of title and consequentially holding the cancellation of Gift Settlement Deed dated 12.12.2012, registered as document No.1775 of 2012, and the gift settlement deeds dated 21.12.2012 and 30.03.2013, registered as document Nos.1780 of 2012, 1781 of 2012 and 1011 of 2013, as null and void, in-operative and not binding on petitioner / plaintiff and perpetual injunction not to interfere with the possession and to restrain the unofficial Respondents from alienating the property. The said suit is pending on the file of the XXVI Additional Chief Judge, City Civil Court, Hyderabad. In the said suit, petitioner filed I.A.No.618 of 2019 in O.S.No.599 of 2019 for grant of interim injunction and the trial Court granted status quo orders restraining the respondents from alienating/ transferring/ creating charge in respect of the subject properties until further orders on 16.11.2021.

5. It is further submitted that a copy of the order dated 24.04.2014 passed in W.P.No.12962 of 2014 was served to the Respondent No.3. Accordingly, aforementioned property was included in the prohibition properties list and the orders of this Court were subsisting until 08-12-2022. Thereafter the said Writ Petition was closed directing the Petitioner to seek the appropriate relief in the pending comprehensive Suit i.e., OS.No.599 of 2019.

6. It is further submitted that the re

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