THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.29628 of 2025

ORDER:

Heard Sri Gajanand Chakravarthi, learned counsel for the petitioner and Smt. S.Sravanthi, 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 inaction of respondent No.3 in registering the sale deed presented by the petitioner dated 19.09.2025 though the petitioner and the witnesses were presented in respect of land in Sy.No.377/d/b/3, to an extent of Ac.0.1150 gts, situated at Brahmanpalle Village, Peddapalle Mandal and District, the petitioner filed the present writ petition.

3. Learned Assistant Government Pleader for Stamps and Registration submitted that the respondents will follow the procedure and release the document or they will pass orders as per Section 71 of the Registration Act, 1908 (for short, ‘the Act, 1908’).

4. Section 71 of the Act, 1908, 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 aforesaid submissions coupled with the provision under Section 71 of the Act, 1908 and on perusing the entire material on record, this writ petition is disposed of directing the Registering Authority to consider the subject document presented by the petitioner vide slot booking application No.2500674256 dated 19.09.2025 within four (04) weeks from the date of receipt of a copy of this order, 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 him, if he has 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. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE K.SARATH Date: 26.09.2025

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