Telangana High Court
P.Rekha Alias Pittala Rekha vs State Of Telangana on 4 March, 2024
HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No. 5638 of 2024
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 and 2 and learned Standing Counsel for Wakf Board appearing for respondent No.3. With their consent, this writ petition is disposed of at the stage of admission.
2. This writ petition is filed seeking the following prayer:
"to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents particularly the 2nd respondent in refusing to receive register and release the sale deed in respect of eastern part of the residential house bearing No. 32-70/14/2/146 on eastern of plot No.146 extent 174 sq.yards consisting 100 sft built-up area of ACC roof in survey No.242 and 243 situated at Ramakrishnapuram, Malkajigiri Malkajigiri circle, GHMC, Medchal malkajigiri District as illegal arbitrary against the provisions of Registration Act and against the settled principle of law and consequently direct the 2nd respondent to receive register and release the sale deed in respect of above property and to pass."
3. Learned counsel for the petitioner submits that petitioner is the absolute owner and possessor of the house bearing No. 32-70/14/2/146 on eastern of plot No.146 to 2 an extent 174 sq.yards consisting 100 sft built-up area of ACC roof, in survey No.242 and 243 situated at Ramakrishnapuram, Malkajigiri circle, GHMC, Medchal malkajigiri District, having acquired the same through registered sale deed vide Doc.No.127/1989, dated 15.07.1989. It is further submitted that the petitioner executed a sale deed and approach Registering Authority to register the sale deed and had enclosed the challan receipt, dated 26.02.2024, but the Registry Authority are refusing to receive and process the subject document.
4. Learned Assistant Government Pleader fairly stated that the respondent authorities may be directed to follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908').
Section 71 of the Act 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 situated 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 3 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. Learned standing counsel for respondent No.3 has not disputed the same.
6. Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the case, 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 Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order. It is also open to the Registering Authority to refuse to register the subject document, by specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner.
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7. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
______________________________ JUSTICE J. SREENIVAS RAO 04-03-2024 sa