P.Girija Bai v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 33363 of 2018 ORDER:

1) Heard learned counsel for the petitioners and Government Pleader for Revenue (TG). With the consent of both the parties, the writ petition is heard at the admission stage itself. 2) The present writ petition came to be filed declaring the action of the 2nd respondent in not receiving and processing the document sought to be presented by the petitioners in respect of land totally to an extent of Ac.4.23 gts., spread over in Sy.No.1 and 2 to an extent of Ac.2.06 gts., Ac.1.17 gts., along with the Well (Korenu Bavi) which is existing in an extent of an acre of land situated in Annampatla Village, Bibinagar Mandal, as illegal and arbitrary.

3) 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.

4) As per Section 71 of the Registration Act (for short " the Act" ), the 2nd respondent is bound to receive the document and register, if the same is 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.

5) In view of the above, the 2nd respondent 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. 6) 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. _________________________ JUSTICE C. PRAVEEN KUMAR 17.09.2018 gkv