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Judgment
With the consent of both parties, this Writ Petition is taken up for disposal at the admission stage.
Heard learned counsel for the petitioner; learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3; and Mr. Syed Najmul Hassan Baqri, learned Standing Counsel for Telangana State Waqf Board, appearing for respondent No.4.
Aggrieved by the action of respondent No.3 in refusing to receive and register the Sale Deed document sought to be presented by the petitioner in respect of House Nos.3-2-63/2/9 and 3-2-63/2/9/NR, on Plot No.9 Northern Part, admeasuring 150.0 sq. yards. or 125.40 sq. mtrs., and Plot No.9 Middle Portion, admeasuring 16.66 sq. yards. or 13.93 sq. mtrs., total admeasuring 166.66 sq. yards or 139.33 sq. mtrs., with a Built-up area of 1851.75 sq. feet, consisting of ground, first and second floor, in Survey Nos.144 to 151, situated at Bhavani Nagar, (erstwhile K.L. Reddy Nagar Colony), Mallapur Village, within the limits of Malkajgiri Municipal Corporation, Nacharam Circle, Uppal Mandal, Medchal-Malkajgiri District, the petitioner filed the present Writ Petition.
Learned Assistant Government Pleader submits that respondent Nos.1 to 3 will follow the procedure contemplated under Section 71 of the Registration Act, 1908.
Section 71 of the Registration Act, 1908 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 submissions coupled with the provision under Section 71 of the Registration Act, 1908, this Writ Petition is disposed of directing the Registering Authority to process the documents sought to be presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Registration Act, 1908, as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse registration of the documents presented before him, if he has any objection, and he shall assign reasons in support of such decision and shall also communicate the same to the petitioner. It is made clear that this Court has not expressed any opinion on the merits of the case as to the entitlement of the petitioner to get the subject document registered. Miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.