IMPORTANT POINT
The central legal point established is that the refusal to register a document based on a misconceived understanding of the provisions of the Registration Act, 1908 is unsustainable under law.

JUDGMENT

MUMMINENI SUDHEER KUMAR, J. - This Writ Petition is filed questioning the refusal order No.218/2023 of P.382/2021/Refusal Order No.05/2023 dtd. 12/4/2023 passed by the fourth respondent, wherein the deed of cancellation, dtd. 3/12/2021 submitted by the petitioners for registration seeking to cancel the Development Agreementcum-General Power of Attorney (GPA), dtd. 26/7/2012 vide document No.5137/2012 was refused to be registered by the fourth respondent on the ground that six out of fourteen executants of the said document failed to appear before him within a period of four months' time prescribed under Sec. 23 of the Registration Act, 1908 ("the Act, 1908" for brevity) or within a further period of four months provided under proviso to Sec. 34 of the Act, 1908.

2. The brief facts of the case are that the cancellation deed in question was executed on 3/12/2021 and presented for registration on the same day before the fourth respondent. However, out of fourteen persons, who executed the said document, only eight persons have appeared before the fourth respondent and the remaining six executants have appeared after a lapse of 479/480 days and complied with the required formalities. But the said document was refused to be registered by the fourth respondent on the ground that the six out of fourteen executants of the said document have appeared before him beyond the four months' period prescribed under Sec. 23 of the Act, 1908 and also on the ground that the time that is extendable for a further period of four months also lapsed.

3. Learned Assistant Government Pleader for Stamps and Registration placed before this Court the written instructions received from the fourth respondent through letter No.253/SRO/KKP/2023, dtd. 25/4/2023 wherein the fourth respondent stated as under:-

"In this connection I would like to submit that, as promised orally by the presentants on 3/12/2021, it is their responsibility to see that the remaining 6 executants (owners) are present before the Registering Officer within a reasonable time to complete the registration process. At the time of presentation of the document for registration, they were orally informed of the Rule Position by the 4th respondent orally which rule position is as follows:

According to the provisions of Sec.24 of the Registration Act, 1908 where there are several persons executing a document at different times such documents may be presented for registration within 4 months from the date of each execution and according to the provisions of Sec.25 of Registration Act, 1908 where the delay in presentation does not exceed 4 months, the concerned District Registrar may direct that may direct that on payment of a fine not exceeding 10 times of the amount of the proper registration fee such document shall be accepted for registration. According to the Sec.34 of Registration Act, 1908 no document shall be registered under this Act unless the persons executing such document appear before the registering officer within the time allowed for presentation under Sec. 23 to 26 of the registration Act, 1908. From the above provisions of Registration Act, read with Rule 38 of the Telangana Rules under the Registration Act, 1908, it is very clear that the District Registrar can condone the delay in presentation and appearance under Sec. 25, 34 of Registration Act to an extent of delay of 4 months only.

In the instant case, as explained above out of the remaining 6 executants (owners), Five (5) of them appeared before the Registering officer on 27/3/2023 i.e., after the 479 days from the date of execution and presentation of the document and that the remaining 1 (one) executants (owner) appeared on 28/3/2023 i.e., after 480 days from the date of execution and presentations of the document in question. As such the remaining above said 6 (Six) executants (owners) failed to appear before the Regsitering Officer either during the normally allowed 4 months period or the permitted 4 months peri