C. Vara Prasad Rao, v. Telangana State,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.32147 OF 2018 ORDER :

This writ petition is filed challenging the action of the respondents 1 to 6 in not considering and not allowing the petitioner's written application dated 01.08.2018 and in not registering his two sale deeds viz (1) sale deed bearing pending registered document No.P 31/2018 (2) Sale Deed bearing pending registered document No.P32/2018, as the Regular Registered Sale Deeds.

Learned Counsel for the petitioner submits that though the sale deed documents are given pending registration numbers i.e., P.Nos.31 of 2018 and 32 of 2018, the respondents are not processing the same as per Section 71 of the Registration Act, 1908 (for short 'the Act'). Heard learned Assistant Government Pleader for Revenue. 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 subdistrict, 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 Act (for short "the Act"), the respondents are bound to receive the document and register, if the same is in order as per the Indian Stamp Act, 1899 and the Registration Act and Rules made thereunder. Otherwise he shall record the reasons for refusal of the registration. In view of the above, the writ petition is disposed of directing the respondents to process the Pending Document Nos.31 & 32 of 2018, presented by the petitioner for registration in relation to the subject property, if the same is in order and is not in the list of prohibited properties as per Section 22 A of the Registration Act and register the same, if there is no injunction operating against the properties regarding alienation of the properties.

If he wants to refuse registration, he shall pass appropriate orders duly recording the reasons for such refusal in accordance with Section 71 of the Act and communicate the same to the petitioner. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 23.10.