Usrinivas Rao v. Prl.Secvy., Revenue Dept., Hyd., And 6 Others,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.14640 OF 2017 ORDER:

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

2.

The case of the petitioner is that large extent of dry/wet land in Modepalli Village, Addanki Mandal, Prakasam District belonging to different land owners, was proposed to be purchased for the benefit of scheduled castes landless agricultural labour families under the Land Purchase Scheme by the Committee constituted by the Government. In pursuance of the sanction proceedings accorded by the Collector/Chairman, District Scheduled Castes Services Co-operative Society Limited, Prakasam District, the sale deeds in respect of different extents of land, were executed and registered by the pattadars directly in favour of the beneficiaries. One of the persons, in whose favour, the sale deed were executed, wanted to sell the lands in favour of the petitioner and the petitioner entered into an agreement of sale dated 28.09.2016. When the sale deeds were presented for registration, the 2nd respondent - Sub-Registrar, refused to receive the same. In such circumstances, the present writ petition is filed.

3.

It is needless to state that when a properly drafted document is presented for registration before the registering authority and if the document complies with all the formalities contemplated under the provisions of the Registration Act, 1908 (for short 'the Act'), the registering authority cannot refuse the same.

4.

In the circumstances, the 2nd respondent is directed to receive the documents presented by the petitioner for registration, provided it complies with all the required formalities under the provisions of the Act and the Rules made thereunder. If the registering authority has any objection for registration of the documents, he may make endorsement under Section 71 of the Act. Otherwise, he has to take necessary steps as provided under the Act. 5.

Accordingly and with the above direction, this writ petition is disposed of. Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs.

_______________________________ A.RAMALINGESWARA RAO, J 07.02.2018 SS