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Syed nusrath Ali v. The State of Telangana

Telangana HC14 Aug 2019WP/8504/2019

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the Sub-Registrar's refusal to register sale deeds regarding specific land parcels. It directed the respondent to receive and process the documents for registration if they comply with the Act, otherwise to record reasons for refusal under Section 71.

What did the court decide?

Direction to the 3rd respondent to receive and process the documents for registration if in order, or record reasons for refusal under Section 71.

Syed nusrath Ali Vs The State of Telangana — Property and Title | Telangana HC (2019)

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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITON No. 8504 OF 2019

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ORDER

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This Writ Petition is filed challenging the action of the 3^rd respondent - Sub-Registrar in refusing to receive and register the sale deeds presented by the petitioners in respect of the land admeasuring Ac.1.07 guntas in Survey No. 398, Ac.0.16 guntas in Survey No. 396/A, Ac.0.20 guntas in Survey No. 396/AA, Ac.1.02 guntas in Survey No. 394/A, Ac.1.17 guntas in Survey No. 399/A, Ac.0.05 guntas in Survey No. 395, Ac.0.14 guntas in Survey No. 399/AA, Ac.1.08 guntas in Survey No. 394/AA situated at Medak Town and Mandal.

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Learned Counsel for the petitioners submits that the petitioners are the owners of the above said land and the Tahsildar had also issued pattadar passbooks and pahanies in their favour. Therefore, the 3^rd respondent is bound to receive the documents as per Section 71 of the Registration Act, 1908 (for short ‘the Act’).

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Learned Government Pleader for Revenue submits that the issue raised in this Writ Petition is squarely covered by the order of this Court in Writ Petition No.38491 of 2018, dated 25.10.2018.

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However, for better appreciation, Section 71 of the Act is extracted as under:

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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 situated 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

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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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The above-said provision makes it clear that the 3^rd respondent is bound to receive the document and register, if the same is in order, as per the Indian Stamp Act, 1899 and the Registration Act and the Rules made thereunder. In case of refusal, he shall record the reasons therefor.

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In view of the above, the Writ Petition is disposed of directing the 3^rd respondent to receive and process the documents presented by the petitioners in respect of the subject property, for registration, if the same is in order and is not in the list of prohibited properties as per Section 22 A of the Registration Act and there is no injunction operating against the properties regarding alienation of the properties. If the 3^rd respondent does not wish to register the documents, he shall record the reasons therefor in accordance with Section 71 of the Act and communicate the same to the petitioners. No costs.

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Consequently, the miscellaneous Applications, if any shall stand closed.

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Issue CC forthwith. ksld

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_____________________________ CHALLA KODANDA RAM, J

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14^th August 2019

Syed nusrath Ali v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Syed nusrath Ali v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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