ORDER:

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 3. With their consent, this writ petition is disposed of at the stage of admission itself.

2. This writ petition is filed seeking the following prayer: “to declare the action of the of Respondent No.3 in denying to register my land in survey no.439/9 extent of 1 acre and in survey no.439/10 extent of 1 acre totaling to an extent of 2 acres in Penta Kalan village of Bodhan Mandal, Nizamabad district in favor of petitioner no.2 through slot booked no.2400063174 and in favor of the petitioner no.3 through slot booked no.2400063310 for the lands in survey no 439/11 extent of 1 acre and in survey no 439/12 extent of 1 acre totaling to an extent of 2 acres in Penta Kalan village of Bodhan Mandal, Nizamabad district, slots booked on 01.02.2024 to be executed on 02.02.2024 is illegal, arbitrary, violative of principle of natural justice and also against Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the direct the respondent no.3 to under take the registration of the lands of the petitioner no.1 in survey nos.439/9, 439/10, 439/11 and 439/12 vide Digital passbook no.T11040090475 situated in Penta Kalan village of Bodhan Mandal, Nizamabad district, total extent of 4 acres in favor of petitioner no.2 and 3 respectively as per their slots booked on 01.02.2024 and to be executed on 02.02.2024 forthwith.”

3. Learned counsel for the petitioner submits that petitioner No.1 is the absolute owner and possessor of the land admeasuring 2 acres i.e., land to an extent of 1 acre in Sy.No.439/9 and land to an extent of 1 acre in Sy.No.439/10, in Penta Kalan village of Bodhan Mandal, Nizamabad district, having acquired the same through registered sale deed documents Nos.4081, 4080 and 4082 of 2007 and 7185 of 2011, respectively. Petitioner No.1 is also holding digital passbook No.T11040090475 with respect to the subject land. It is further submitted that the petitioner with an intention to sell the subject property to petitioner Nos.2 and 3, booked two separate slots on 01.02.2024 to be registered on 02.02.2024 and approached respondent authorities with the subject documents enclosing the challan vide receipt, dated 01.02.2024 and the Registering Authorities are refusing to receive and process the subject documents.

4. Learned counsel for the petitioners submitted that it is duty bound on the part of the respondent authorities to receive, register and release the subject documents and if the respondent authorities are not registering the subject documents, they shall assign reasons for refusal.

5. Learned counsel for the petitioners submitted that in similar circumstance this Court vide order dated 15.12.2022 in W.P.No.31573 of 2022, directed the registering authorities to register the document presented by the petitioner therein. Learned counsel further prays this Court to direct the registering authorities to register the subject documents in a time bound period.

6. Learned Assistant Government Pleader fairly stated that the respondent authorities may be directed to follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, ‘the Act, 1908’).

Section 71 of the Act reads as follows:

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 situated 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 di