Telangana High Court
Gundu Vijay Raj vs The State Of Telangana on 28 October, 2021
Author: A.Abhishek Reddy
Bench: A.Abhishek Reddy
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.26948 of 2021
ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents. With their consent, the Writ Petition is disposed of at the stage of admission.
Aggrieved by the action of the respondent No.3 in refusing to receive and register the deed of conveyance presented by the petitioner in respect of the subject house property situated at Raidurg Pan Maktha Village, Serilingampally Mandal, Ranga Reddy District, based on the Gazette Notification dated 26.09.2013, the present writ petition is filed.
The learned counsel for the petitioner has submitted that on earlier occasions, this Court in W.P.No.19069 of 2014, dated 25.08.2014, and W.P.No.12440 of 2019, dt.24.06.2019, has passed orders directing the registration of the documents presented/pending before the authorities, without reference to Gazette Notification dated 26.09.2013; and the refusal in the present case is also based on the very same notification.
The above position is not disputed by the learned Government Pleader and he fairly conceded for passing similar order in this writ petition and stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.
The learned Government Pleader has stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.
2
Section 71 of the Registration Act, 1908 (for short '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 recorded 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.
In view of the above made submission coupled with the provision of Section 71 of the Registration Act, 1908, the Writ Petition is disposed of directing the Registering Authority to receive and process the subject document, without reference to the Gazette Notification dated 26.09.2013, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It will be open to the Registering Authority to refuse/receive the document presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
________________________ A.ABHISHEK REDDY, J Date : 28.10.2021.
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