M/S. Comint Systems And Solutions ... vs The State Of Telangana
2022 Latest Caselaw 115 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                                  AND
        THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                                     W.A.No.21 of 2022

JUDGMENT:           (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



        The present writ appeal is arising out of the order dated

03.12.2021 passed by the learned Single Judge in W.P.No.29829 of

2021.

        The present writ appellant came up with a                                          plea that the

Sub-Registrar was not registering the document submitted by him

and in those circumstances, the learned Single Judge has passed

the following order:-

               "Heard the learned counsel for the petitioner and the
        learned Government Pleader for Revenue for respondents 1 to 4.

With their consent, the Writ Petition is disposed of at the stage of admission.

The main grievance of the petitioner is that respondent No.3 is refusing to register and release the pending document No. P.66/2021 presented in respect of the subject property.

Learned Government Pleader has fairly stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.

Section 71 of the Registration Act, 1908 (for short '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.

In view of the submission made by the learned Government Pleader coupled with the provision of Section 71 of the Registration 2 Act, 1908, the Writ Petition is disposed of directing the Registering Authority to process and register the subject document, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It will be open to the Registering Authority to refuse/receive the document presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner.

The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs."

The aforesaid order makes it very clear that the learned

Single Judge has directed the Sub-Registrar to process and

register the document, subject to the provisions of the Registration

Act, 1908 and the Indian Stamps Act, 1899. It has also been

observed that in case the Registering Authority has any other

objection to receive/refuse the document, he shall be free to pass

appropriate reasoned order.

This Court does not find any reason to interfere with the

order passed by the learned Single Judge.

Resultantly, the writ appeal stands dismissed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

17.01.2022 JSU