Ms Preeti Build Tech & ANR. v. Sub Registrar & ORS.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1743/2026 and CM APPL. 8493/2026 MS PREETI BUILD TECH & ANR.

.....Petitioners Through:

Mr Kunal Manav, Mr Anupam Bhati, Mr. Hemant Gupta Advocates versus SUB REGISTRAR & ORS.

.....Respondents Through:

Ms Avni Singh Panel Counsel for GNCTD.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 06.02.2026 1.

The solitary ground raised by the petitioner is that before passing of the refusal order the petitioner has not been heard. He submits that had he been heard, he would have satisfied that there exists no reason as to why the document should be refused to be registered under Section 71 of the Registration Act, 1908 (hereinafter 'the Act of 1908'). 2.

The Court has perused the order dated 06.09.2025 passed by the SubRegistrar, West Janakpuri, and the same is extracted as under: "

An instrument styled as Sale Deed - 23 executed by PREETI BUILDTECH in r/o WZ-7 OM VIHAR PHASE-4 UTTAM NAGAR NEW DELHI was presented for registration in this office on 23-Jul-2025 vide proofing no 2025/25/24309.

The registration of the said documents is hereby refused U/S 71 of the egistration Act on the following grounds In compliance of Section 19(2) (h) of Indian Partnership Act, 1932 and Rule 34 and 35 of the Registration Manual, 1976. In view of the above, the registration of the document is hereby The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/02/2026 at 12:57:46

refused under the provisions of sec 71 of the Registration Act, 1908. The Document is returned in Original alongwith its copy to the claiment under proper acknowledged receipt."

3.

The impugned order does not seem to have assigned any reason as to why the document has been refused for registration under Section 76 of the Act of 1908, and, on the aforesaid short ground, the order deserves to be set aside. Mere reference of the provisons in the order is not enough unless the authority specify as to why the said provision is attracted. 4.

Accordingly, let reasons be assigned by the respondent- Authority as to why this document cannot be registered.

5.

Let the petitioner to appear before the concerned Sub-Registrar within 7 days from today along with all documents, and, thereafter, let the SubRegistrar to consider and pass an appropriate order within a period of 60 days from the date of the petitioner's appearance. 6.

With the aforesaid directions, the petition, along with the pending application, stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 6, 2026 aks/ap The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/02/2026 at 12:57:46