This writ appeal challenged a single judge's order directing a Sub-Registrar to register a document under Section 71 of the Registration Act, 1908. The High Court dismissed the appeal, finding no reason to interfere with the lowercourt's direction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA
'o'oiJir'lfo'r1XTJ:iAri,,Jr"r?FJANUARY
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT AppEAL NO: 21 OF 2022
writ Appear under crause 1f^:r [" Letters patent Appear preferred against the order Dated.03t12/202i passed in wp.No.zgazs;i ;ori # ,n" ,,," of the High Court.
Between:
lt4/s. Comint Svstems and Solutions pvt, Ltd., Repre_sented by its l,4anaginq Director Mr. L.Rambabu, S/o L lValaiah.^^ag-e: years. nro. plot'r.ro]d+,'"sffiily g#n"ul,,*"., It4arredpally, Secunderabad -5000'26.
...APPELLANT
AND
...RESPONDENTS
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct The Respondent No.4 i.e., The Sub-registrar-Bowenpally to register the document under pending document No. P66/202'1 , pending disposal of this Writ Appeal.
Counsel for the Appellant : SRI D.MADHAVA RAO
Counsel for the Respondents : GP FOR REVENUE (TG)
The Court made the following ORDER
CHANDRAS JUSTICE THE HON,BLE AND
HON 'BLESRIJUS TICE AND S
w.A.No.1of 2022
JUDGMENT: eerthe Hanbte tte chle|JusnceSatishctondrashantto)
Thepresentwrit appeal is arising out of the order dated 03.12.2o2lpassedby the learnedSingleJudge in W'P'No'29829of 202r.
Thepresent writ appellantcame up with aplea that the Sub-Registrarwas not registering the documentsubmitted by him andinthosecircumstances,thelearnedSingleJudgehaspassed the followingorder:-
"Heard the learnedcounsel forthe petitiotl'er and the leqrned GovernmentPleader forReuenue forrespondents1 to 4' With their consent, theWrtt Petttion is disposedol at tlte stageof ctdmission.
The main grieuanceof the petitioner is that respoftdent No'3 is refusing to registerandrelease the pendingdocumentNo' P,66/ 2021presented in respect of the subject propeftU'
Learned GouernmentPleader has fairlgstated that the official respond.entswill fottotuthe procedure contemplated under Section 71 of theRegistration Act, 1908.
Section 71 of theReglstrationAct' 1908 lforshort 'theAct') reads as follou.ts:
Reasons for refusal toregister to be recorded.-
(1) Euery Sub-Registrar refusing toregistera doq)ment, except on thegroundthat the properlAto which it relates lsttot situatedLuithin his sub'distrtct shall mqke on order ofrefusal <tnd recordedhis reasons for such order inhis Book No 2, andendorse the uords "registrotion refused'on the docurnent; and, on opplication made byanA person executitLg or claiming under the document,shalLwtthoutpaAmetrt and unnecessary delag,giue hima copA oJ the reqsons so recorded.
\
(2) No registeing officer shall accept for registrotiona document so endorsed unless anduntiL, underthe
';;::::;;,y,,:;:::,con ained,,he d.cumen, is
ln wetu of the subnission made bg the leamed Gouemment Pleader coupled with the proubion of Section 7l of the Registration 2 Act, 1908, the Wit Petition is disposed of directingthe Regtisteing AuthoitA toprocessand registettLe subiect document' subject to thepetitioner comptyingwith the prouisionsof the Indian Reqistration Act,1908, and. lndian StampsAct' 1899' It tuiLl be open to theRegisteingAuthoritgto refuse/ receiuethe document presented. before htm' ifhe has anA otherobjection'ba dula assigningreasonsin support of such decision and communicate the said decisionto the Petitioner'
The miscellaneouspetitions pending' iiany' shall stand closed,There shallbe no order as to costs"
TheaforesaidordermakesitveryClearthatthelearned Single Judgehas directedthe Sub-Registrarto processand registerthe document, subject to the provisions of the Registration Act, 19OBand the lndian StampsAct' 1899' It has alsobeen observed thatin case the RegisteringAuthority has any other objectionto receive/ refuse the document'he sha11 be free to pass appropriatereasonedorder'
ThisCourtdoesnotfindanyleasontointerferewiththe orderpassed by the learnedSingle Judge'
Resultantlv,the writ appeal stands dismissed'
Pendinginiscellaneousapplications'if any, shallsland
closed.There shall be no orderas to cosLs'
SD/.M,VIJAYABHASKAR DEPUTY REGISTRAR
//TRUECOPY//
SECTIONOFFICER
HIGHCOURT
DATED:1710112022
JUDGMENT
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WA.No.21 of 2022
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DISMISSING THE W.A
WITHOUT COSTS.
2 issues framed by the court
Whether the High Court should interfere with the single judge's order directing the Sub-Registrar to register the document subject to statutory compliance.
Whether the appeal challenging the refusal/delay in registration of the document should be allowed or dismissed.
1 provisions across 1 enactments
M/s. Content Systems and Solutions Pvt. Ltd.
The State of Telangana
The Inspector of General, Stamps and Registrations Authority, Telangana State
The District Registrar, Red Hills, Hyderabad District
The Sub Registrar, Bowenpally, Secunderabad
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
