Mohd. Ujala Baba v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.26333 of 2021 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for all the respondents. With their consent, the Writ Petition is disposed of at the stage of admission.

The main grievance of the petitioner is that respondent No.2 is refusing to receive, register and release the document submitted in respect of the subject plots situated in survey No.162/2B at Suryapet Road, Ward No.6, Jangaon Town and District. Learned Government Pleader had stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.

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 submission made by the learned Government Pleader 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,

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 : 22.10.2021 sur/smr