IMPORTANT POINT
The petitioner must provide evidence of presenting the documents to the registering authority and follow the procedure outlined in Section 71 of the Indian Registration Act, 1908 when seeking registration of property documents.

ORDER :

This writ petition is filed seeking the following prayer:

“to declare the action of the 3rd respondent in refusing to register the document for registration of House No.6-100/12/A on Plot No.617 admeasuring 277.78 Sq Yards or equivalent to 232.22 Sq Meters with a built up area of 100 Square feet covered by ACC Roof in Sy No.409 and 413/5 situated at Narkhoda village and Grampanchayath, Shamshabad Mandal, Ranga Reddy District is illegal arbitrary and further direct the 3rd respondent to register the document presented by the petitioner for the aforesaid subject property.”

WRIT PETITION No.3606 of 2024

2. Learned counsel for the petitioner submits that petitioner is the absolute owner and peaceful possessor of the subject property and due to domestic needs and dire necessary of money, the petitioner intends to sell the subject property, in this regard petitioner presented sale deed document before respondent No.3 for registration in favour of third party, however respondent No.3 refused to entertain the documents for registration without assigning any reason. Learned counsel further submits that it is duty bound on the part of the respondent No.3 to receive, register and release the subject documents and if respondent No.3 is not registering the subject documents, the respondent No.3 shall assign reasons for refusal.

3. Per contra, learned Assistant Government Pleader for Stamps and Registration submits that petitioner has never approached before the office of the Registering Authority for registration of the subject document and placed instructions submitted by the respondent No.3, dated 09.02.2024, which reads as:

“It is submitted that his office is not refusing orally to admit the documents when presented for registration by the public. They are informed that the document will be admitted for registration, kept pending and registered if it is in accordance with the provisions of the Registration Act, 1908 otherwise the same will be refused.

It is further submitted that this office cannot intimate the reason for refusal until the presentation of the document by the parties before the Registering office. Therefore, the parties may please be informed to present the document for registration so as to enable this office to take appropriate action as per Act.”

4. Learned Assistant Government Pleader for Stamps and Registration fairly stated that if the petitioner approaches Respondent Authority for registration of the subject property, the Respondent Authority will receive and process the subject documents, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899 or otherwise the Registering Authority will pass refusal order by following section 71 of the Indian Registration Act, 1908.

5. At this stage, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the Registering Authority once again for registering the subject document and direct the respondent Authority to receive, register and release the subject documents or give reasons for refusal by following section 71 of the Indian Registration Act, 1908.

6. Heard both sides.

7. In similar circumstances this Court in Deverneni Linga Rao Vs. Sub-Registrar, Peddapallu, 1999 SCC Online AP 435:(1999) 3AP LJ 204:(1999) 6 ALD144:(1999)6 ALT 599, passed a detailed order, wherein para Nos.5 to 9 are extracted hereunder:

5. In my considered view, the aforesaid submission of the learned Assistant Government Pleader is well founded. The petitioners did not produce any documentary proof in support of their averment that they have presented the sale deeds to the respondent for registration, but he has refused to register the same. They could not even mention the date on which they had approached the respondent. Therefore, it is difficult to accept their statement, more so when that statement is specifically denied by the respondent in his counter. At this juncture it is appropriate to n