K. Sri Harsha v. The Sub - Registrar

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.3013 of 2018 Order:

The petitioner states that they acquired the Plots bearing Nos.59, 60, 61 and 62, situated in Survey No.844/1, subsequently renumbered as Sy.No.844/1/23, of Ramanjaneya Nagar Colony, Malkajgiri Mandal, Medchal District, from its owners under two registered Development Agreements-cum-GPAs dated 05.08.2016. Pursuant to the same, they obtained necessary permission from the Government and started construction of flats. When they intend to sell semi finished flats to third parties and submitted the documents for registration, the first respondent is not receiving the same by stating that registration of subject lands are stopped with effect from 20.11.2012. Challenging the same, the present Writ Petition is filed.

It is needless to observe that when a properly drafted document is presented for registration complying with all formalities, the first respondent has no alternative except to receive the said document and he cannot refuse to receive the document.

In the circumstances, the writ petition is disposed of directing the first respondent to receive the document, if any, presented by the petitioner and take action in accordance with the provisions of the Registration Act. If the first respondent cannot register the said document for any reason, he has to make an endorsement to that effect and pass an order in accordance with Section 71 of the Registration Act.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed. There shall be no order as to costs.

________________________ A. RAMALI NGESWARA RAO, J Date: 01.02.2018 Nsr