A registering authority is statutorily obligated to receive and process documents presented for registration and, if refusing, must record and communicate specific reasons for such refusal under the Registration Act.

O R D E R :

With the consent of both the parties, this Writ Petition is taken up for disposal at the stage of admission.

2. This writ petition is filed declaring the action of the respondent No.3 in not receiving, registering and releasing the sale deed presented by the petitioners in respect of property bearing Plot Nos.100 and 101 admeasuring 597.0 sq.yards in Sy.No.52/1 situated at Bachupally village and Mandal, Medchal-Malkajgiri district as arbitrary and illegal.

3. Heard the learned counsel for the petitioners and Ms.S.Sravanthi, learned Assistant Government Pleader appearing for the respondents.

4. During the course of arguments, learned counsel for the petitioner has confined his prayer and submits that respondent No.3 is refusing to register the documents presented by the petitioner in respect of subject property. Therefore, the learned counsel prays this Court to issue suitable directions to the respondents.

5. Learned Assistant Government Pleader submits that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.

6. Section 71 of the Registration 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.

7. In view of the above submissions coupled with the provision under Section 71 of the Registration Act, 1908, this Writ Petition is disposed of directing the Registering Authority to receive and process the document sought to be presented by the petitioners in respect of the subject property, subject to the petitioners complying with the provisions of the Registration 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, 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 documents registered. Miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.