P.L.Suganya, v. The Sub Registrar, Palamaner, Chittoor District.

THE HON'BLE SRI JUSTICE A.RAJASEKHAR REDDY W.P.NO.5474 OF 2016

O R D E R

Aggrieved by the action of the 1st respondent - Sub Registrar in not receiving and registering the document presented by the writ petitioner in respect of subject land, the present writ petition has been filed. The learned counsel for the writ petitioner, the learned Assistant Government Pleader for Revenue and Sri S.Arifullah, learned standing counsel for the 5th respondent - Wakf Board, submitted that this court in similar facts and circumstances has been disposing of the writ petitions directing the registering authority to consider the registration of the documents, if they are in order and not in the prohibited list; and that if he intends to reject the same, pass order under Section 71 of the Registration Act, 1908. Hence the present writ petition may also be disposed of in terms of the same directions.

Having regard to the above facts and circumstances and the submissions of the learned counsel, the writ petition is disposed of at the stage of admission, directing the 1st respondent - Sub Registrar, Stamps and Registration Department, Palamaner, Chittoor District, to consider the registration of the document presented by the petitioner if the same is in order as per provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908 and the Rules made there under and the same is not included in the list of prohibited properties for registration under Section 22-A of the Registration Act. In case, if he intends to refuse to register the same, shall pass orders under Section 71 of the Registration Act, 1908 recording reasons and communicate the same to the petitioners.

This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions pending if any, shall stand closed. -------------------------------------------- A.