AI Structured Summary
Not yet generated for this judgment
Judgment
With the consent of both the parties, this Writ Petition is taken up for disposal at the admission stage itself.
This writ petition is filed declaring the action of the 4th Respondent in refusing to register the petitioner's document in respect of land in Survey Nos.88, 89, 90 and 91 bearing Plot No.50 admeasuring 170 Sq Yards, Plot No.51 admeasuring 127 Sq Yards, Plot No.52 admeasuring 195 Sq.Yards, Plot No.53 admeasuring 242 Sq.Yards, Plot No.53/1/Part admeasuring 55 Sq Yards, Plot No.97 admeasuring 130 Sq Yards, Plot No.135/2 admeasuring 144 Sq.Yards, Plot No.136/2/Part admeasuring 172 sq yards, Plot No.165/Part admeasuring 106 Sq Yards, Plot No.166/Part admeasuring 121 Sq Yards, Plot No.167/Part admeasuring 121 Sq Yards, Plot No.173/Part admeasuring 180 Sq Yards, Plot No 174/Part admeasuring 130 Sq Yards, Plot No 175 admeasuring 121 Sq Yards, Plot No 176 admeasuring 121 Sq Yards, Plot No 213/Part admeasuring 170 Sq Yards, Plot No 214/Part admeasuring 145 Sq Yards, Plot No 239 admeasuring 121 Sq Yards, Plot No 240 admeasuring 182 Sq Yards, Plot No 319 admeasuring 121 Sq Yards total 2807 Sq yards situated at M.G.S Colony, Damargidda village, Chevella Municipality, Ranga Reddy district as arbitrary and illegal.
Heard Mr.Mirza Mahmood Ali, learned counsel for the petitioner, Ms.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration and perused the record.
During the course of arguments, learned counsel for the petitioners has confined his prayer and submits that respondent No.4 is refusing to register the documents presented by the petitioner in respect of subject property. Therefore, the learned counsel prays this Court to issue suitable directions to the respondents.
Learned Assistant Government Pleader submits that the official respondents 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 receive and process the document 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 the document presented before him, if he has any objection, duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject documents registered. Miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.