Quick Summary: The court has ordered the registration of documents for a plot in Shamshabad after they were initially refused. Judge K. Sarath handled the case, emphasizing the need to follow the right steps.
Mohammed Masarathulla, a 72-year-old businessman, faced a problem when the Sub Registrar in Shamshabad verbally refused to register documents for his plot. This plot, numbered 335 and measuring 266.66 square yards, is part of an approved layout by HUDA. Frustrated by this refusal, Mohammed took the matter to court.
In court, Mr. Mohd Moin Ahmed Quadri represented Mohammed, while Smt. S. Sravanthi appeared for the other side, which included the State of Telangana, the District Registrar, and the Sub Registrar. The main argument was that Mohammed went to court without officially showing the documents for registration, which was a necessary step.
"Without presenting the documents, the petitioner has approached this Court seeking registration of the documents."
Judge K. Sarath looked at the situation and referred to Section 71 of the Registration Act, 1908. This section explains what to do if a Sub-Registrar refuses to register a document, including writing down reasons for refusal.
The court told the Registering Authority to accept, register, and release the documents as long as Mohammed follows the necessary rules. The authority can still refuse if there are valid reasons, but they must explain why.
"This writ petition is disposed of directing the Registering Authority to receive, register and release the subject documents."
The court did not make a decision on whether Mohammed is entitled to register the documents. The focus was on making sure the correct process is followed. Any additional requests related to this case were also closed.
