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2022 Supreme(Telangana) 573

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J.
Mohd. Osman Qureshi, S/o. Late Mohd. Chand Qureshi - Petitioner
Versus
State of Telangana, Represented by Principal Secretary (Stamps and Registration) Secretariat, Hyderabad & Ors. - Respondents
Writ Petition No. 13741 of 2022
Decided On : 08-06-2022

Advocates:
Advocate Appeared:
For the Petitioner: Sri R. Bala Subramanyam.

Headnote:

Indian Stamps Act, 1899 - Registration Act, 1908 - Section 71 - Registration of document - Refusal to register document - Release of document - Held, In view of submissions made by both parties coupled with provision of Section 71 of Registration Act, 1908 this writ petition is disposed of directing Registering Authority to receive and process subject document(s) presented by petitioner subject to petitioner complying with provisions of Indian Registration Act, 1908 and Indian Stamps Act, 1899 - It is also open to Registering Authority to refuse/receive document(s) presented before him if he has any other objection by duly assigning reasons in support of decision and communicate said decision to petitioner - Writ Petition Disposed of.

ORDER :

1. 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 threshold.

2. The main grievance of the petitioner is that the respondent No.3 is refusing to receive, register and release the documents presented by the petitioner in respect of the subject property pertaining to land bearing Adm.Ac.2-02 gts equivalent to 9946 Sq.yards or 8315.85 Sq.Meters out of total Ac.17-20 gts in Sy.No.44/Part situated at Gachi Bowli village, Serilingampally mandal, Ranga Reddy District.

3. The learned Government Pleader for Revenue submitted that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.

4. Section 71 of the Registration Act, 1908 (for short ‘the Act’) reads as follows :

    “71. 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 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. In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Registration Act, 1908, this writ petition is disposed of directing the Registering Authority to receive and process the subject document(s), presented by the petitioner, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse/receive the document(s) presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner(s). It is made clear that mere registration of document(s) does not confer title to the property.

Accordingly, this writ petition is disposed of. No order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

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