Ms,Dakshayani Construction Company A Partnership Firm, v. State Of Telengana Rep. By Its Principal,
THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.10977 OF 2018
O R D E R
The grievance of the petitioner firm is that the registration authorities are not entertaining for registration the documents pertaining to Flat Nos.202, 203 and 204 situated in the building constructed in Survey No.57/a/1 to 6 of Shamshiguda Village, Kukatpally Municipality, Balanagar Mandal, Ranga Reddy District. According to Sri V.Appa Rao, learned counsel for the petitioner firm, no reasons were furnished by the registration authorities in this regard. It is not open to the registration authorities to baldly refuse to entertain a document presented for registration. If any grounds are made out for refusing registration, the registration authorities are bound to pass a refusal order under Section 76 of the Registration Act, 1908 (for brevity, 'the Act of 1908') and communicate the same to the party concerned.
The writ petition is accordingly disposed of directing the registration authority concerned to entertain the documents presented by the petitioner firm in relation to the subject flats and in the event the same are found to be in compliance with the provisions of the Act of 1908 and the Indian Stamp Act, 1899, the said documents shall be registered in accordance with the due procedure and released. If, for any reason, the registration authority concerned is of the opinion that the documents are liable to be rejected, he shall pass a reasoned order of refusal under Section 76 of the Act of 1908 and communicate the same to the petitioner firm.
Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.
_______________ SANJAY KUMAR, J 24th JANUARY, 2019 Svv