Telangana High Court
A. Rama Krishna vs The State Of Telangana, on 17 October, 2023
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION No.29162 OF 2023
ORDER:
1. Heard Sri J.Sridhar, learned counsel for the Writ Petitioners as well as Sri B.Dileep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing Respondent Nos.1 to 3.
2. This Writ Petition is filed seeking an order in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in not receiving, registering and releasing the Sale Deed presented by the petitioners in respect of open land admeasuring 250 Square yards, located in Sy.No.252/1/2 of Moosapet Village, Kukatpally Mandal, Medchal-Malkajgiri District, as illegal and arbitrary.
3. Learned counsel for the petitioners submits that the Sale Deed presented by the petitioners for registration was not entertained by the Registering Authority for the reasons best known to it. Learned counsel also states that no reasons are assigned for not entertaining the document that is presented for registration by the petitioners, which is against the provisions of the Registration Act, 1908 and therefore, a 2 Dr.CSL,J W.P.No.29162 of 2023 direction to the appropriate authority to entertain the document for registration may be issued.
4. Learned Assistant Government Pleader for Stamps and Registration submits that necessary orders in that regard may be given.
5. Section 71 of the Registration 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."
6. The Registering Authority is not empowered to refuse registration of document/s except under the circumstances mentioned under the Registration Act, 1908 and the Rules made there under. Also, as per the version of the petitioners, no reasons are assigned for not entertaining the document 3 Dr.CSL,J W.P.No.29162 of 2023 which is presented for registration by the petitioners. Therefore, this Court is of the view that directions, as prayed for, have to be given to the Public Authority directing it to perform its function as required under law.
7. Hence, this Writ Petition is disposed of with the following direction:-
Registering Authority is directed to receive and register the Sale Deed that would be presented by the petitioners in respect of the subject property in case, the said document complies with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. The Registering Authority can refuse to register the document in case, the document is prohibited for registration under any of the provisions of law, Rules or Regulations made there under. However, the reasons assigned thereof and the decision taken shall be communicated to the petitioners in writing. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:17.10.2023 ysk 4 Dr.CSL,J W.P.No.29162 of 2023 HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION No.29162 OF 2023 Date:17.10.2023 ysk