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Sri. B.Balakrishna v. The State of Telangana

Telangana HC21 Jan 2020WP/1097/2020

Case brief

AI extract

What is this about?

The court granted a writ petition seeking a declaration of the illegality of the Sub-Registrar's refusal to register a sale deed for a plot in Sanga Reddy District. The court directed the respondent to receive and register the document if it complies with the Registration Act, 1908, the Indian Stamp Act, 1899, and relevant rules, provided the property is not prohibited. The petition was disposed w

What did the court decide?

Direction to the 4th respondent to receive and register the sale deed presented by the petitioner if it complies with applicable laws and rules.

Sri. B.Balakrishna Vs The State of Telangana — Property and Title | Telangana HC (2020)

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HON’BLE SRI JUSTICE A.RAJASHEKER REDDY

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WRIT PETITION No.1097 of 2020

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ORDER:

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The present writ petition is filed declaring the action of the 4^th respondent in refusing to receive and register the sale deed presented by the petitioner in respect of plot No.132 in Sy.No.883, admeasuring 300 square yards in favour of the petitioner situated at Ameenpur Village and Mandal, Sanga Reddy District, as illegal and arbitrary and for a consequential direction to the 4^th respondent to receive and register the sale deed presented by the petitioner in respect of above property.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

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Section 71 of the Registration Act, 1908 (for short ‘the

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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 subdistrict, 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

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until, under the provisions hereinafter contained, the document is directed to be registered.

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As per Section 71 of the Act (for short “the Act”), the 4^th respondent is bound to receive the documents and register, if the same are in order as per the Indian Stamp Act, 1899 and the Registration Act and Rules made thereunder. Otherwise he shall record the reasons for refusal of the registration.

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In view of the above, the 4^th respondent is directed to receive and register the document presented by the petitioner, if the same is in order as per the provisions of Indian Stamps and Registration Act and the Rules made thereunder, and if the subject property is not included in the list of prohibited properties for registration as per Section 22-A of the Registration Act, 1908 or not prohibited for registration by any order/injunction passed by the Court or competent authority. If he wants to refuse registration, he shall record reasons and communicate the same to the parties.

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With the above direction, the writ petition is disposed of.

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There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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___________________________ A.RAJASHEKER REDDY,J

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21-01-2020 Nvl

Sri. B.Balakrishna v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri. B.Balakrishna v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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