Rathla Shankar vs State Of Telangana

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. With their consent, this Writ Petition is disposed of at the stage of admission.

Aggrieved by the action of respondent No.3 in refusing to receive the document presented by the petitioner for registration in respect of the subject lands situated at Mokila Village, Shankarpally Mandal, Ranga Reddy District, based on the Draft Notification dated 28.09.2013 issued by respondent No.2, the petitioner filed the present Writ Petition.

The learned counsel for the petitioner has stated that on earlier occasion, this Court vide order dated 09.08.2019 in Writ Petition No.17050 of 2019 directed the Registering Authority for registration of the documents presented/pending before him and that the subject land of the present Writ Petition also pertains to the same Village and Draft Notification dated 28.09.2013.

The learned Government Pleader has stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act').

Section 71 of 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 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 made submission coupled with the provision under Section 71 of the Act, this Writ Petition is disposed of directing the Registering Authority to receive and register the subject document, without reference to the Draft Notification dated 28.09.2013 and subject to the petitioner complying with the provisions of the Act 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, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.