A Sub-Registrar refusing to register a document is legally mandated under Section 71 of the Registration Act, 1908, to record the reasons for such refusal in Book No. 2 and provide a copy of those reasons to the applicant.

O R D E R :

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

2. This writ petition is filed declaring the action of the Respondent No.6 in refusing to register Agreement of Sale, Sale Deed and cancellation of Memorandum of Deposit of Title Deeds of H.No.61/BHEL ECC/1201 (PTIN No. 1243303122) on Plot No.1201 admeasuring 180 sq.yds with built up area 1013.41 sft. roof covered with RCC in venture named as ‘BHEL EMPLOYEES CYBER COLONY’ in HMDA layout permit No.24/LO/P1g/HMDA/2014 dated 03.07.2014 in Sy Nos.30/1, 16, 17, 18, 20, 33, 34, 35, 36, 37, 38, 50, 51, 52, 53, 54, 56, 58, 65, 66, 67, 68, 69, 70, 73, 74 and 75 situated at Osmannagar Village, Ramachandrapuram Mandal, Sanga Reddy District Telangana as arbitrary and illegal.

3. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Stamps and Registration for respondents and perused the record.

4. During the course of arguments, learned counsel for the petitioners has confined his prayer and submits that respondent No.6 is refusing to register the documents presented by the petitioners 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 documents 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 documents 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.