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Judgment
Heard Sri Gudi Madhusudhan Reddy, learned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government Pleader for Revenue as well as Stamps and Registration appearing for the respondent Nos.1 and 2, Sri Farhan Azam Khan, learned Standing Counsel for Waqf Board appearing for the respondent No.3 and perused the material on record. With their consent, this Writ Petition is disposed of at the stage of admission itself.
Aggrieved by the action of the respondent No.2 in refusing to receive, register and release the sale deed presented by the petitioner in respect of the residential house bearing No.45-260 (PTIN No.1171006019) (old H.No. 45-93/7) on Plot No.5 in Sy.Nos.591, 596 and 600, to an extent of 215 sq.yards, with a ninth area of 622 sq.feet, situated at Upperguda (Shiridi Nagar), within the limits of GHMC, Malkajigiri Mandal, Medchal-Malkajgiri District (for brevity, "the subject property"), the petitioner filed the present Writ Petition.
Learned Assistant Government Pleader for Stamps and Registration submits that the petitioner has approached this Court seeking registration of the said document without presenting it before the Registering Authority. If the petitioner presents the document to the Registering authority, the respondents will receive the same and follow the procedure. If there are any objections, appropriate orders shall be passed as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908'). In view of the same, learned Assistant Government Pleader requested this Court to pass appropriate orders.
Section 71 of the 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 aforesaid submissions, coupled with the provisions under Section 71 of the Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document in respect of the subject property, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before it, if there are any objections, by duly assigning reasons in support of such decision and communicate the same to the petitioner thereon. It is made clear that this Court has not expressed any opinion on the merits of the case or the entitlement of the petitioner to get the subject document registered.
Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. There shall be no order as to costs.