Magam Suryanarayana v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.3112 OF 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for the respondents.

The petitioner states that he purchased the land admeasuring Acs.120.23 square yards bearing plot No.77 in private lay out in an extent of Acs.4.04 cents, out of Acs.16.16 cents situated at Chakirala Grampanchayat, Kanigiri Mandal, Prakasam District, Andhra Pradesh, through registered sale deed bearing document No.10200 of 2011, dated 16.09.2011. Since then, he has been in peaceful possession and enjoyment of the said land. In order to sell the said land to meet his family necessities, the petitioner approached the fifth respondent and when the fifth respondent refused to receive and process the document, the writ petition is filed seeking a direction to the fifth respondent to receive and register the document.

It is needless to observe that when a properly drafted document is presented for registration complying with all formalities, the fifth 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 fifth 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 fifth 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.RAMALINGESWARA RAO, J 01.02.2018 pln