S. Sharifuddin, v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.18645 of 2015 ORDER:
Heard.
The petitioner's grievance is that the 2nd respondent is not receiving and entertaining the document presented by him for registration with regard to Plot bearing Nos.20 and 49 admeasuring 120 sq. yards each in Sy.No.371/3D situated at Kallur Village and Mandal, Kurnool District. The petitioner is relying upon the order of this Court in W.P.No.19667 of 2013 and batch, dated 09-07-2013. However, the said writ petition relates to Sy.Nos.317/3, 320/1A and 320/1 of the same village.
Whether the petitioner's plots are required to be treated similar to the lands in the said survey numbers covered in the said writ petition is a matter for the 2nd respondent to examine, after receiving the document, which is sought to be presented by the petitioner. Since the document is not being received by the 2nd respondent, the other contentions of the petitioner cannot be examined. It is well settled that even before presentation of a document, registering authority cannot refuse or reject the document and in matters of this nature, this Court has been directing the Registrar to receive and process the document in accordance with law on examining the same under the Indian Stamp Act and the Indian Registration Act.
Liberty is also left to the 2nd respondent that if he is not satisfied with registering of the document, he shall pass appropriate reasoned order under Section 71 of the Indian Registration Act. The writ petition is, therefore, disposed of directing the 2nd respondent to receive and process the document presented by the petitioner relating to the aforesaid plots and thereafter take appropriate
steps as indicated above. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_______________________ VILAS V.AFZULPURKAR, J Date: 24-06-2015 Prv HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.P.No.18645 of 2015 24-06-2015 Prv