Smt. Dongiri Lingamma v. The State Of Telangana, Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.2026 of 2017 ORDER:

Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. With the consent of both the parties, the writ petition is disposed of at the admission stage itself.

The present writ petition is filed declaring the action of the 2nd respondent in insisting for NOC from the revenue authorities for registration in respect of the petitioner's land, as illegal and arbitrary and for a consequential direction to the 2nd respondent to receive and process the document presented by the petitioner for registration without insisting for NOC.

Section 71 of the Registration 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 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.

As per Section 71 of the Registration Act (for short " the Act"), the 2nd respondent is bound to receive the documents and register, if the same are in order as per Stamps and Registration

Act and Rules made thereunder. If he wants to refuse the registration, he has to record the reasons as envisaged under Section 71 of the Act referred to above.

In view of the above, respondent No.2 is directed to register the document if the same is in order as per provisions of Indian Stamp Act and Registration Act and the rules made thereunder and if he intends not to register the same, he shall record reasons and communicate the same to the parties.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ___________________________ A.RAJASHEKER REDDY,J 20.01.2017 dv