Registration Act, 1908 — Section 71 — Refusal of registration — Oral refusal — Illegality — Registrar’s statutory duty — Speaking order mandatory.

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Registration Act, 1908 — Section 71 — Refusal of registration — Oral refusal — Illegality — Registrar’s statutory duty — Speaking order mandatory.

Circulars issued by District authorities — Executive instructions — Cannot override statutory provisions — Suspension of circular by High Court — Effect.

Registrar declining to receive documents for registration by citing executive circular — Not permissible — Registrar bound to receive documents and process them under Sections 71 and Rules 161 to 164 of Registration Rules — Direction issued.

Earlier judgment of High Court — Salimeni Ravindra v. State of Andhra Pradesh (W.P.No.10392 of 2021, dated 15-06-2021) — Followed.

Held:
Registrar cannot orally refuse registration; must receive document and, if not inclined to register, pass a reasoned speaking order within reasonable time.
(Paras 6 to 11)

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FACTS (As emerging from the Judgment)

1. The writ petitioner claimed rights in properties covered by Survey No.192 of Ongole Municipal Limits and presented documents for registration before the Joint Registrar-1, Ongole. (Para 3)

2. The Joint Registrar-1 orally declined to receive the documents, citing Circular F.No.18/PKM/WAKF/2004 dated 12-03-2008 issued by the Collectorate. (Para 3)

3. The petitioner asserted that the said circular had already been suspended by an interim order dated 28-08-2012 in W.P.No.25171 of 2012. (Para 4)

4. Challenging the action, the writ petition was filed seeking a declaration that the circular and consequential refusal to register were illegal, violative of the Registration Act, 1908, and Article 14 of the Constitution of India, and for a consequential direction to receive and register the documents. (Para 2)

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ISSUES FOR CONSIDERATION

1. Whether the Joint Registrar-1 could orally refuse to receive documents for registration by relying on an executive circular.

2. Whether such circulars issued at the District level can override statutory provisions of the Registration Act, 1908.

3. What is the statutory obligation of the Registrar under Section 71 of the Registration Act, 1908.

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LAW CONSIDERED

• Section 71 of the Registration Act, 1908

• Rules 161 to 164 of the Registration Rules

• Judgment of this Court in Salimeni Ravindra v. State of Andhra Pradesh & Ors., W.P.No.10392 of 2021, dated 15-06-2021

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ANALYSIS & REASONING OF THE COURT

Executive Circulars vis-à-vis Statute

The Court held that circulars issued by officials, particularly at the District Collectorate level, are mere executive instructions and cannot override or prevail over the statute. (Para 6)

Illegality of Oral Refusal

The Court found that the Joint Registrar-1 had orally declined to accept the application for registration. Such oral refusal was held to be impermissible in law. (Paras 5 & 7)

Statutory Duty under Section 71

The Court categorically held that Section 71 of the Registration Act, 1908 mandates that:

• The Registrar is not entitled to orally reject an application.

• The Registrar shall consider the application and

• Pass a speaking order in accordance with law within a reasonable time. (Para 7)

Binding Precedent

The Court reiterated that this legal position has been time and again reiterated and stood clearly settled by the judgment in Salimeni Ravindra’s case. (Paras 8 & 9)

Application of Precedent to Present Case

After perusing the judgment in Salimeni Ravindra, the Court held that the issues involved in the present writ petition are squarely covered by the said judgment. (Para 9)

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FINAL ORDER / DIRECTIONS

1. The Writ Petition was disposed of. (Para 9)

2. The Joint Registrar-1, Ongole was directed:

   • To receive the documents from the writ petitioner.

   • To process the same in accordance with the procedure indicated in Salimeni Ravindra’s case. (Para 9)

3. The petitioner was directed to submit:

   • A copy of the present order, and

   • A photocopy of the judgment in W.P.No.10392 of 2021 dated 15-06-2021 for proper compliance. (Para 10)

4. If the Registrar is not inclined to register the document, he/she shall pass a speaking order within four (04) weeks from the date of presentation. (Para 11)

5. No order as to costs.

6. Interlocutory Applications closed. (Para 12)

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RATIO DECIDENDI

Oral refusal by a Registrar to receive documents for registration is illegal; executive circulars cannot override statutory duties under Section 71 of the Registration Act, 1908, and the Registrar is bound to receive documents and pass a reasoned speaking order if registration is declined.