Eluru Nagarathnamma v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 37699 OF 2016 ORDER:

Heard the learned counsel for the petitioners and learned Government Pleader for Revenue. With consent of both the parties, the writ petition is being disposed of at the admission stage itself.

2.

The present Writ Petition came to be filed with the following prayer: "to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in insisting for N.O.C. from the 3rd respondent for effecting registration of the petition schedule land an extent of Ac.1.20 cents in New Sy.No.420/4 (Old Sy.No.313/1) situated at Gannavaram Village and Mandal, Krishna District is illegal, arbitrary and unconstitutional and contrary to law and being violative of Article 14, 16, 21 and 300A of the Constitution of India and consequently direct the respondent No.4 to receive and register the document presented by the petitioners for the purpose of registration without insisting upon No Objection Certificate from the 3rd respondent for the above lands."

3.

Section 71 of the Registration Act reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. 4.

As per Section 71 of the Registration Act (for short " the Act"), the 4th respondent is bound to receive the documents and register, if the same are in order as per Stamps and Registration Act and Rules made thereunder. If he intends to refuse the registration, he has to record reasons as envisaged under Section 71 of the Act referred to above.

5.

In view of the above, respondent No.4 is directed to register the document if the same is in order as per provisions of Indian Stamp Act and Registration Act and the rules made thereunder and if he intends not to register the same, he shall record reasons and communicate the same to the parties. 6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_______________________ C. PRAVEEN KUMAR, J Date: 03.11.2016 ES