P Suryanarayana Murthy v. The Sub Registrar,

HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.11258 of 2019 ORDER:

The grievance of the petitioner is with regard to the refusal by the Joint Sub-Registrar-I, Sangareddy to register the document presented by him, which was kept pending registration, vide document No.P82/2019. Perusal of the impugned refusal order dated 08.4.2019 demonstrates that the only ground for refusal was that an order of statusquo had been passed by the High Court in W.P.M.P.No.6749 of 2014 in W.P.No.5417 of 2014. Perusal of the said order reflects that status-quo was directed in relation to the possession over the land which was the subject matter of the said Writ Petition. There was no restriction against alienation whereby the registration authorities could have relied upon the said status-quo order to refuse registration of the document presented by the petitioner. The refusal order dated 08.04.2019 therefore reflects complete non-application of mind by the Joint Sub-Registrar-I, Sangareddy.

The Writ Petition is accordingly allowed setting aside the refusal order dated 08.04.2019. The Joint Sub-Registrar-I, Sangareddy, shall receive and process the document presented by the petitioner afresh without reference to the aforestated status-quo order. In the event the document is otherwise found to be in order and in compliance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the registration formalities shall be duly completed and the document shall be released. If, however, the registration authority finds any other ground to refuse registration, he shall pass a reasoned order as

required under Section 71 of the Registration Act, 1908 and communicate the same to the petitioner.

Miscellaneous Petitions pending in this Writ Petition shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date: 11th June, 2019.

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