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CDJ 250265 TSHC 481 print Preview print Next print
Court : High Court for the State of Telangana
Case No : Writ Petition No. 19353 of 2026
Judges: THE HONOURABLE MR. JUSTICE ANIL KUMAR JUKANTI
Parties : Sanathanam Balachary Versus The State of Telangana, rep., by its Secretary, Revenue (Stamps & Registration) Department, Hyderabad & Others
Appearing Advocates : For the Petitioner: Akkam Eshwar, Advocate. For the Respondents: GP for Stamps & Registration.
Date of Judgment : 23-06-2026
Head Note :-
Registration Act, 1908 -
Summary :-
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Registration Act, 1908
- Section 71 of the Registration Act, 1908
- Indian Stamp Act, 1899

2. Catch Words:
- Mandamus
- Registration
- Refusal to register
- Stamp duty
- Wakf property
- Prohibitory property
- Registration refusal

3. Summary:
The petitioners sought a writ of mandamus directing the Sub‑Registrar to accept, register and release a sale deed for a residential property. The Sub‑Registrar had refused, citing that the land fell under Wakf Board jurisdiction and was a prohibited property. The Court examined prior judgments (W.P. 14460/2025 and W.P. 12191/2026) and the Supreme Court decision in *Gopi v. Sub‑Registrar*, which held that a registering officer cannot refuse registration if procedural requirements and stamp duty are complied with, irrespective of title. Accordingly, the Court directed the Sub‑Registrar to register the deed, subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899, and noted that registration does not confer title. The order emphasized that the authority may still refuse registration with recorded reasons. The petition was disposed of within four weeks, with no costs awarded.

4. Conclusion:
Petition Allowed
Judgment :-

1. This writ petition is filed with the following prayer:

               “… pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents in refusing to receive, register and release the Sale Deed in respect of residential house No 44-175/43, on Plot No.43. in Sy.No.398, admeasuring 276.11 Sq.yds or 230.82 Sq.mtrs, with a plinth area of 200 Sq.fts of ACC sheets, situated at Tirumala Nagar, Moula-Ali, under Malkajgiri Municipality and Mandal, Ranga Reddy District, presently GHMC, Medchal- Malkajgiri District, as illegal, arbitrary, against the provisions of Registration Act and against all settled principles of law and consequently direct the respondents to forthwith to receive register and release the Sale Deed in respect of residential house No 44-175/43, on Plot No.43, in Sy.No.398 admeasuring 276.11 Sq. yds or 230.82 Sq. mtrs, with a plinth area of 200 Sq. fts of ACC Sheets, situated at Tirumala Nagar, Moula-Ali, under Malkajgiri Municipality and Mandal, Ranga Reddy District, presently GHMC, Medchal - Malkajgiri District, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case in the interest of Justice and equality.”

2. Heard Mr. Akkam Eshwar, learned counsel appearing for petitioners, and learned Assistant Government Pleader for Stamps and Registration appearing for respondents.

3. It is submitted by learned counsel for petitioners that petitioners purchased residential house bearing No.44-175/43 in Plot No.43 in Survey No.398 admeasuring 276.11 sq. yards with a plinth area of 200 sq. feet of ACC sheets, situated at Tirumala Nagar, Moula-Ali under Malkajgiri Municipality and Mandal, Ranga Reddy District, by way of registered sale deed, dated 26.03.2007, and since then they are in peaceful possession and enjoyment of the property. It is further submitted that petitioners intended to alienate the subject property to meet their family necessities and approached Sub-Registrar, Malkajgiri, Medchal – Malkajgiri District (respondent No.3) on 15.06.2026 seeking the amounts i.e., payment of stamp duty, that, respondent No.3 refused to furnish the said details and also refused to receive, register and release the document. It is pointed out that the staff of respondent No.3 have informed petitioners that registrations in Survey No.398 are not being entertained.

4. Learned counsel for petitioners invited the attention of this Court to orders passed by learned Single Judges in W.P.No.14460 of 2025, dated 09.06.2025 (Ex.P2 at page Nos.24-29) and W.P.No.12191 of 2026, dated 07.04.2026 (Ex.P3 at page Nos.30-35) and sought indulgence of this Court to pass similar orders in this writ petition too.

5. In the morning session, learned Assistant Government Pleader for Stamps and Registration appearing for respondents sought time for obtaining instructions. In the afternoon session, a copy instructions/letter received from Sub-Registrar, Malkajgiri, dated 23.06.2026, is placed on record. The contents of the letter/instructions are as follows:

               “… As a 3rd respondent in Writ Petition No. 19353/2026, I would like to submit that the Petitioner has not approached this office by not submitting the sale deed or any related documents in respect of property pertaining to the southern part of residential House No.44-175/43 on Plot No.43 in survey No.398 admeasuring 276.11 Sq Yards with a plinth area of 200 sq Feet of ACC Sheets situated at Tirumala Nagar, Moula-All, Malkajgirl, under GHMC Malkajigiri Circle Malkajgiri Mandal, Medchal-Malkajgiri District.

               1. As per the Andhra Pradesh State Waqf Board, Nampally, Hyderabad No. M1/20/RR/PROT/03, dt:26.07.2008, has furnished a list as Notified No.6-A, published in AP Gazzeette, Part-II dated: 09.02.1989 issued by State Wakf Board and also F No. S-49 /SLR/2017, Memo No.G2/5276/2021 G NO. 6-A Dt: 09.02.1989 by Commissioner and Inspector General (R& S) Dept Dt: 19.09.2024 in respect of 398 situated at Tirumala Nagar, Moula-Ali, Malkajgiri falls under Wakf Board Property list and not to functions any transactions on above said Survey No. 398.

               2. As per this office Prohibited watch Registrar, furnished by O/o. Tahsildar, Malkajgiri Mandal, MM dist vide Lr No. B/Spl/2015, dt:02.09.2015 has stated the Survey No. 398 is in Prohibitory property is a (WAKF Board) land.

               It is requested to being the above facts to the notice of the Hon'ble High Court as and when the above Writ Petition comes up for hearing and defend the case on behalf of the respondents.”

6. Heard learned counsels, perused the record and considered the submissions.

7. It is not in dispute that petitioners purchased the subject property vide registered sale deed, dated 26.03.2007, and approached respondent No.3 intending to alienate the said property. It is alleged that respondent No.3 refused to furnish the details of stamp duty, to receive the document presented by petitioners for registration.

8. A learned Single Judge of this Court in W.P.No.14460 of 2025, dated 09.06.2025, passed an order, the relevant paragraphs of the order are as follows:

               “4. The Section 71 of the Act, 1908, reads as follows:

               Reasons for refusal to register to be recorded.—

               (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district shall make an order of refusal and record his reasons for such order in his Book No.2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

               (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

               5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on the merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.”

9. A learned Single Judge of this Court in W.P.No.12191 of 2026, dated 07.04.2026, passed order. The relevant paragraph of which is as follows:

               “…6. In view of the submissions made by the respective parties, coupled with the provisions under Section 71 of the Registration Act, 1908, the Writ Petition is disposed of directing the Registering Authority to receive and process the document sought to be presented by the petitioners in respect of the subject property, subject to compliance with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, duly assigning reasons in support of such decision and communicate a copy of the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered. It is also made clear that mere registration of the document does not confer title on the subject property and this order would not have any bearing on all those matters where title/rights of the parties are pending, if any, before the authorities, either in revision/appeals for adjudication, and in any other case, this order also shall not preclude the parties in asserting their rights before a competent Court of law.”

10. It is the duty of registering authority to receive the document presented before him and see whether the document is registerable or not in accordance with law and the registering authority is at liberty to refuse registration of the document by duly assigning reasons in support of such decision.

11. In Gopi v. Sub Registrar and Others((2026) 2 SCC 696), the Hon’ble Apex Court at paragraph Nos.18 and 19 held as follows:                “18. The registering officer is not concerned with the title held by the executants. He has no adjudicatory power to decide whether the executant has any title. Even if an executants 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 and the necessary stamp duty as well as registration charges/fee are paid. We may note here that under the scheme of the 1908 Act, it is not the function of the Sub-Registrar or registering authority to ascertain whether the vendor has title to the property which he is seeking to transfer.

               19. Once the registering authority is satisfied that the parties to the document are present before him and the parties admit execution thereof before him, subject to making procedural compliances as narrated above, the document must be registered. The execution and registration of a document have the effect of transferring only those rights, if any, that the executant possesses. If the exeuctant has no right, title, or interest in the property, the registered document cannot effect any transfer.”

12. In view of the law laid down by the Hon’ble Apex Court and the orders of the learned Single Judges, this Court deems it appropriate that writ petition be disposed of directing the registering authority/respondent No.3 to receive, register and release the document presented by petitioner in respect of the subject property, subject to petitioner complying with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899. It is open to the registering authority to refuse the document presented before him, if there is any objection, by duly assigning reasons in support of such decision and communicating a copy of the said decision to the petitioner. The office of Sub-Registrar is accordingly directed to receive, register and release the deed as directed above.

13. It is made clear that mere registration of the document does not confer title in respect of the subject property. Needless to state that, this Court has not expressed any opinion on the merits of the case. This exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

14. With the above observations, writ petition stands disposed of. There shall be no order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

 
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