The central legal point established is that the District Sub-Registrar has a duty to either register a document or refuse registration with recorded reasons, as per the provisions of the Registration Act, 1908.

ORDER

Rajesh Shankar, J. - Learned counsel for the petitioner prays for and is allowed to correct the respondent no. 3 as District Sub-Registrar, Lohardagga.

2. The present writ petition has been filed for issuance of direction upon the respondent no. 3 to forthwith register the sale deed dated 14.05.2017 by which the land appertaining to Old Khata no. 57, New Khata no. 126, Old Plot no. 1042, New Plot no. 1236 measuring an area of 04 decimals at Mauza - Harmu, PS - Lohardagga, District - Lohardagga has been purchased by the petitioner from the respondent nos. 4 to 8 on paying consideration amount to them and thereafter the sale deed was presented for registration before the respondent no. 3 on 31.08.2017, however the same has not been registered till date.

3. Learned counsel for the petitioner submits that the aforesaid land was purchased by him from the respondent nos. 4 to 8 on payment of valuable consideration to them. Accordingly, on payment of the registration fee and other applicable charges, the sale deed was presented by the petitioner as well as respondent nos. 4 to 8 before the respondent no. 3 for its registration. However, the respondent no. 3 has neither registered the sale deed presented before him nor assigned any reason for refusal of the same.

4. Having heard learned counsel for the parties and on going through the relevant documents available on record, it appears that the petitioner as well as respondent nos. 4 to 8 presented the sale deed before the respondent no. 3 for its registration. The grievance of the petitioner is that after presenting the sale deed before the respondent no. 3, he has neither registered the sale deed nor assigned any reason for refusal of the same. section 71 of the Registration Act, 1908 (in short "the Act, 1908") reads as under:

"71. Reasons of 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."

5. On bare perusal of the provisions of Section 71 of the Act, 1908, it would be evident that if the District Sub-Registrar refuses to register a document, he is required to pass an order of refusal by recording his reasons for the same in the relevant book with an endorsement on the document that the registration has been refused. Section 72 of the Act, 1908 also provides a forum of appeal before the Registrar against the order of the Sub-Registrar refusing to admit a document for its registration.

6. Considering the aforesaid provisions of the Act, 1908, it may be construed that the District Sub-Registrar, on presentation of a document before him, cannot keep the same pending without any reason and if he does not intend to register the document so presented, he has to pass an order of refusal of registration with an endorsement on the document that the registration has been refused.

7. In the case in hand, since the petitioner has presented the sale-deed before the respondent no. 3 for its registration on 31.08.2017, the respondent no. 3 cannot keep the registration of the same pending. Thus, without entering into the merit of the case, the respondent no. 3 is directed either to admit the sale-deed presented before him by the petitioner and the respondent no. 4 to respondent no. 8 for its registration or to refuse the registration of the same by passing an order in terms with the provisions of Section 71 of the Act, 1908. The respondent no. 3 shall con