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MUMMINENI SUDHEER KUMAR
Ashish Simran Exports Pvt. Ltd. , rep. by its Director Ashish Kumar Ahuja – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary, Registration Department – Respondent
ORDER :
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the third respondent in not registering and releasing pending document Nos.1354, 1355, 1356 and 1357 of 2021 dated 27.11.2021, as illegal and arbitrary.
2. The petitioner herein who is the vendee-cum-agent under the pending documents, which are the subject matter of the present Writ Petition, got presented the said documents, namely Agreement of Sale-cum-General Power of Attorney with possession for registration before the third respondent after complying with the requirements of the Indian Stamps Act, 1899 and the Registration Act, 1908. The third respondent herein, having received the said documents for registration, kept the documents pending by assigning pending document numbers without processing and registering the same. Aggrieved by such action of the third respondent, the petitioner herein approached this Court by filing the present Writ Petition.
3. The third respondent filed counter affidavit giving reasons for not processing the documents, which reads as under:-
The Registering Officer must verify original documents for property registration to prevent fraud, and parties claiming rights must establish their claims before a competent court.
The Sub-Registrar's powers to refuse registration are limited to specific grounds outlined in the Registration Act, and any refusal based on arbitrary reasons or external pressures is unlawful.
The court ruled that registration authorities must comply with court orders and cannot refuse registration based on previously set aside grounds.
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 registr....
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