Registering authorities cannot refuse to register documents without legal basis.

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4, Sri Abu Akram, learned Standing Counsel for Waqf Board appearing for respondent No.5. With their consent, this writ petition is taken up for disposal at the admission stage itself.

2. This Writ Petition is filed seeking the following relief:

“to declare the action of the respondents in not accepting the Sale Deed in respect of the Flat bearing No.309 in Third Floor of Amrutha Sai Residency with built up area of 1545 Sq.Feet (including common area) together with car parking 100 Square feet in cellar, along with undivided share of land 43 Sq.Yards (Out of 3388 Sq.Yds) in Sy No.262/EE, situated at Manikonda Jagir Village and Municipality, Gandipet Mandal, Ranga Reddy District, though the said property is not included in the prohibitory list as prepared U/Sec 22A of Registration Act, 1908, and though the above property is not part of any Wakf property, as illegal, unlawful, contrary to law and consequently direct the 4th respondent to accept the above document of the petitioner in respect of the above property for the purpose of registration and release the same.”

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that in similar circumstance this Court in W.P.No.825 of 2024 dated 10.01.2024, passed the following order:- “Having considered the submissions thus made and as no grounds are shown for dishonouring the request of the petitioner and further, as the Registering Authority has no power to orally refuse to register the document, this Writ Petition is disposed of with the following direction:-

“The Registering Authorities is directed to receive, register and release the document sought to be presented by the petitioner in respect of subject property i.e., Flat No.401, Door No.2-1/12/1/401/A/1, (PTIN No.1261121203) in Fourth Floor, in the residential building known as ‘Sree Dhithya Pearl’ admeasuring 1400 Sq. Feet. of super built-area (including common area and car parking) together with the undivided share of land admeasuring 35.2 Sq. Yards or 29.42 Sq. Meters (out of 176 Sq. Yards) constructed on Plot No.11/Part, in Sy. Nos.264/___ and 264/___, situated at Manikonda Jagir Village and Municipality, Gandipet Mandal, Ranga Reddy District, subject to the compliance of the provisions of the Registration Act, 1908 and the Indian Stamp Act 1899; however without reference to the letter, dated 10.12.2014 addressed by the Respondent–Wakf Board and the Gazette Notifications vide A.P. Gazette No.6-A, dated 09.02.1989 and Gazette No.14, dated 06.04.2006, within a period of three (03) weeks from the date of receipt of a copy of this order.

No order as to costs.”

4. Learned counsel for the petitioner further pray this Court to pass similar orders as passed in W.P.No.825 of 2024 dated 10.01.2024.

5. Learned Assistant Government Pleader for Stamps and Registration and learned Standing Counsel for Waqf Board have not disputed the same.

6. In view of the above submissions and in terms of order passed by this Court in W.P.No.825 of 2024 dated 10.01.2024, this writ petition is disposed of directing the Registering Authorities to receive, register and release the subject document submitted by the petitioner in respect of the subject document, subject to the compliance of the provisions of the Registration Act, 1908 and the Indian Stamp Act 1899; however without reference to the letter, dated 10.12.2014 addressed by the Respondent–Wakf Board and the Gazette Notifications vide A.P. Gazette No.6-A, dated 09.02.1989 and Gazette No.14, dated 06.04.2006, within a period of three (03) weeks from the date of receipt of a copy of this order.

7. Accordingly this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.