THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12530 of 2025

ORDER:

Heard learned counsel for the petitioner and 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 respondent authorities are not receiving, registering and releasing the document filed by the petitioner in favour of the third parties with regard to the agricultural land admeasuring to an extent of Ac.0-28¼ guntas in Sy.No.186 situated at Jainepally Village, Bibinagar Mandal, Yadadri Bhuvanagiri District and the same is contrary to the provisions of Registration Act, 1908.

3. Learned counsel for the petitioner further submits that on earlier occasion, the petitioner has filed a suit in O.S.No.42 of 2011 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhongir for declaration of title and the same was decreed in favour of the petitioner on 13.06.2024. Thereafter, the petitioner has presented sale deed before the respondent No.5/Joint Sub-Registrar and the same was refused to register on the ground that the subject property has not in the name of the petitioner in spite of the Decree passed by the Competent Civil Court on 13.06.2024. Without a valid ground, the Registering Authority refused to receive the document filed by the petitioner. In view of the same, learned counsel requested to direct the respondent No.5/Joint Sub- Registrar to receive, register and release the document filed by the petitioner with regard to the subject property in accordance with law.

4. Learned Assistant Government Pleader for Stamps and Registration, basing on the written instructions submitted by the respondent No.5, submits that the respondent No.5 is unaware of the disposal of O.S.No.42 of 2011 on the file of the Principal Junior Civil Judge-cum- Judicial Magistrate of First Class, Bhongir on 13.06.2024 and stating that the before passing of the Decree in the above said suit, one Mr.Hari Kondal being a pattedar converted his land admeasuring Ac.04.22¼ guntas in Sy.No.186 to non-agricultural purpose (NALA) duly remitting the conversion fee through Dharani Portal on dated 18.04.2024, which is much prior to the orders of the Competent Civil Court. In view of the same, the Registering Authority not received the document presented by the petitioner. Therefore, there is no valid ground to entertain the writ petition and requested to dismiss the same.

5. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that admittedly the petitioner approached the Competent Civil Court and filed O.S.No.42 of 2011 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhongir by impleading one Mr.Hari Kondal along with eight others as defendants. After conducting trial by the Competent Civil Court, the Decree and Judgment was passed on 13.06.2024 in favour of the petitioner. Subsequently, the petitioner has approached the respondent No.5/Joint Sub-Registrar by presenting the document with regard to the suit schedule property. The respondent No.5- Joint Sub-Registrar refused to receive the document presented by the petitioner on the ground that name of the petitioner was not mutated in the revenue record as pattedar.

6. Once Competent Civil Court declared the title of the petitioner, the Registering Authority has no power to decide and deny the document presented by the petitioner. Moreover, basing on the written instructions of the respondent No.5-Joint Sub-Registrar, it clearly shows that mere basing on the NALA conversion proceedings, the Registering Authority refused to receive the subject document. The Registering Authority has to receive and register the document presented by the petitioner as per the recent Judgment of the Hon’ble Supreme Court in K. Gopi Vs The Sub-Registrar, 12025 S