A registering authority cannot refuse the registration of a document based on the classification of land in link documents as agricultural if the land is effectively put to non-agricultural use and procedural requirements are met.

: ORDER :

This writ petition is filed to declare the action of the respondent No.2 in refusing to register and release the Sale Deed presented by the petitioner as Vendor in favour of the Vendees namely Sangeeta Agarwal and Asha Agarwal vide pending document No.45/2026, bearing PTI No.1199506019, in respect of land admeasuring 204 square yards, in Sy.Nos.662 and 663 of Shamshabad Village, on the ground that the link documents show the subject property as agricultural land, as illegal and arbitrary and for consequential relief.

2. Heard Sri Katika Ravinder Reddy, learned counsel for the petitioner, Ms.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration.

3. Learned counsel for the petitioner would submit that petitioner is the owner and possessor of land admeasuring 19,602 square yards (equivalent to Ac.4.02 guntas) in Sy.No.662 and 663, Shamshabad Village and Mandal, Ranga Reddy District, having purchased the same under a registered Sale Deed No.1803 of 1999, dated 15.10.1999; that after purchasing the said property, petitioner-Company established factory by raising structures in the said premises by duly obtaining permission from the competent authorities and the same is assigned PTI No.1199506019 for property tax assessment. He further submitted that earlier, the petitioner Company sold a portion of property admeasuring 5,324 square yards out of the total extent of 19,602 square yards, under a registered Sale Deed No.109 of 2023, dated 07.07.2021; that the respondent No.2 registered the said document without any objection regarding NALA certificate or jurisdiction under G.O.Ms.No.118.

4. Learned counsel for the petitioner further submitted that the petitioner intends to sell a small portion admeasuring 204 square yards in the South-East portion of the remaining extent of 14,278 square yards (for short ‘subject property’); that a Sale Deed was executed on 30.03.2026 and the same was presented before respondent No.2 for registration. However, respondent No.3 refused registration on the ground that the link document of the subject property was classified as agricultural land.

5. Learned counsel for the petitioner further submitted that the entire extent has already been converted from agricultural to non-agricultural use; and that a factory has also been established thereon. He further submitted that in respect of the subject property admeasuring 204 square yards, an amount of Rs.27,291/- was paid under Layout Regularization Scheme. He also submitted that despite conversion of subject property from Agricultural to Non-Agricultural use and also payment of LRS amount, the respondent No.3 refused registration on erroneous grounds; that the objection raised by respondent No.3 is untenable. By contending thus, learned counsel for the petitioner finally prayed to allow the writ petition and direct the respondents to register and release the document.

6. Learned counsel for the petitioner relied upon the Judgment rendered by Hon’ble Apex Court in K.Gopi v. The Sub-Registrar , 2025 SCC OnLine SC 740 wherein the Hon’ble Apex Court held as under:

“The registering officer is not concerned with the title held by the executant. He has no adjudicatory power to decide whether the executants has any title. Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no title, the registering officer cannot refuse to register the document if all the procedural compliances are made