Telangana High Court
A. Rama Krishna vs The State Of Telangana on 4 October, 2023
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.27452 of 2023
ORDER:
Heard Sri Jakkula Sridhar, learned counsel for the 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. Aggrieved by the action of respondent No.3- Sub-Registrar, Balanagar, Medchal-Malkajgiri District, in refusing to receive and register the sale deed presented by the petitioners in respect of open land admeasuring 400 square yards in Sy.No.252/1/1/1/1/2 situated at Moosapet Village, Kukatpally Mandal, Medchal-Malkajgiri District, the present Writ Petition is filed.
3. Learned counsel for the petitioners submits that the document 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 were assigned for not entertaining the document that was presented for registration by the petitioners, which is against the provisions of the 2 CVBR, J Wp_27452_2023 Registration Act, 1908 and therefore, a 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."
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CVBR, J Wp_27452_2023
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 thereunder. Also, as per the version of the petitioners, no reasons were assigned for not entertaining the document which was presented for registration by them. 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. In the said circumstances, this Writ Petition is disposed of directing respondent No.3-Registering Authority to receive and register the document presented by the petitioners in respect of the subject property, in case, the said document comply 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 said document is prohibited for registration under any of the provisions of law, Rules or Regulations made thereunder. However, the reasons assigned thereof and the decision taken shall be 4 CVBR, J Wp_27452_2023 communicated to the petitioners in writing. There shall be no order as to costs.
8. Miscellaneous petitions pending, if any, shall stand closed.
_________________________________ JUSTICE C.V. BHASKAR REDDY 04.10.2023 gkv