THE HONOURABLE SRI JUSTICE K.SARATH

ORDER:

Heard learned counsel for the petitioner 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. Aggrieved by the action of the respondent No.3 in not receiving the document and register the property in favour of the purchaser of the land in Sy.No.166 admeasuring to an extent of Ac.5-00 gts situated at Jawaharnagar Village erstwhile Shamirpet Mandal presently Kapra Mandal, Medchal Malkajgiri District on the basis of Agreement of Sale-cum-General Power of Attorney with possession vide Document No.2647 dated 03.04.2006 offered by the petitioner without insisting for No-objection Certificate from the respondent No.2, the petitioner filed the present writ

petition.

3. The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, ‘the Act, 1908’).

4. The 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 recorded 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. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive and register the document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before it if there is any objection by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered.

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs.

_____________________ JUSTICE K.SARATH Date:01.04.2025 sj