Disposed

V. Purnachandra Rao v. The State of Telangana

Telangana HC23 Oct 2018WP/26106/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the respondents' refusal to register a property document. The court directed that the document be registered if it complies with the Stamps and Registration Act, or reasons for refusal must be recorded.

What did the court decide?

Petitioners directed to present document for registration; respondents to receive and register or record reasons for refusal.

V. Purnachandra Rao Vs The State of Telangana — Property and Title | Telangana HC (2018)

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HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.26106 of 2018

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ORDER:

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This writ petition is filed to declare the action of the respondents in not receiving the document presented by the petitioners for registration in relation to the subject property as illegal and arbitrary.

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Heard learned counsel for the petitioners.

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The learned Assistant Government Pleader for Revenue produced written instructions stating that the subject property is not in the list of prohibited properties as per concerned SubRegistrar’s records.

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Section 71 of the Registration Act reads as follows:

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Reasons for refusal to register to be recorded.—

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(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record 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.

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(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.

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As per Section 71 of the Registration Act (for short “ the Act”), the respondents are bound to receive the

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document and register, if the same is in order as per Stamps and Registration Act and Rules made thereunder. If the respondents want to refuse the registration, they have to record the reasons as envisaged under Section 71 of the Act, which is referred to supra.

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In view of the above, it is open for the petitioners to present the document before the respondents for registration and on such submission, the respondents are directed to receive and register the same, if the same is in order as per provisions of Indian Stamp Act and Registration Act and the rules made thereunder and if they want to refuse to register the same, they shall record reasons and communicate the same to the parties, otherwise register the same.

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With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

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_________________________ A.RAJASHEKER REDDY,J

Nvl

23-10-2018

V. Purnachandra Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

V. Purnachandra Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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