ORDER

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. This writ petition is filed seeking the following prayer:

“ to declare the action of the respondent No.3 in non-registering the document for the agricultural land in survey No.202/1/2, extent 0.005, in survey No.202/1/1 extent Ac.0.2550 and in survey No.202/1/2/1 extent 0.2501 totalling Ac.1.11 gts situated at Nookapally village Mallial Mandal Jagtial district even though slot booked on 08.08.2023 vide application No.2300632951 by paying an amount of Rs.4658700 through challan vide Reg 2300606371 without assigning any reasons as arbitrary and illegal and contrary to the provisions of the Telangana Rights in lands and pattadar pass books Act 2020 and also violative of article 14 16 and 300-A of constitution of India and consequently to direct the respondent No.3 to execute the registered sale deed in favour of the petitioner No.2”

3. Learned counsel for the petitioners submits that petitioner No.2 is the absolute owner and possessor of the subject property and intends to sell the subject property in favour of petitioner No.1, and accordingly petitioners booked a slot on 08.08.2023, vide application No.2300632951 by paying an amount of Rs.46,587/- through challan vide Reg No.2300606371 and approach the registering authority to register the same, but the registering authority is refusing to receive and process the subject property without assigning any reasons.

4. Learned Assistant Government Pleader submits that the respondents will 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 directed to be registered.”

5. Learned counsel for the petitioners has fairly acceded the same.

6. Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject documents, subject to the petitioners complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order. It is also open to the Registering Authority to refuse to register the documents, by specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioners.

7. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. _________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 21.02.2024. SHA