THE HONOURABLE SRI JUSTICE K.SARATH

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. Aggrieved by the action of the respondent No.3 in refusing to receive, register and release the sale deed in respect of the residential house bearing No.29-1440/43 (part) on Plot No.43, part in Sy.No.289 and 290 admeasuring 100 sq. yards with a built up area of 100 sq. feet of ACC, situated at J.K.Colony, Neredmet, Malkajgiri under Malkajgiri Circle and Mandal within the limits of GHMC, Medchal Malkajgiri District, the petitioners 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 sale deed presented by the petitioners subject to the petitioners 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 petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners 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:01.05.2025 sj