B. Nisar Ahmed v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.3922 OF 2018 ORDER:

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

The petitioner states that he purchased the lands in survey No.204-1 to an extent of Acs.4.24 cents and Survey No.204-2 to an extent of Acs.2.48 cents situated at Pulamathi Village, Hindupur Mandal, Anantapur District, under registered sale deed bearing document No.6691 of 2013, dated 03.07.2013. His vendor purchased the said lands under registered sale deed. In the year 2012, when the sixth respondent refused to register the document, his vendor filed W.P.No.24986 of 2012 and this Court disposed of the same with a direction to receive and process the said document as per law. Subsequently, the said document was registered in favour of the petitioner. While so, now the petitioner intends to sell the said property for his family necessities and approached the sixth respondent for registration and when the sixth respondent refused to receive and process the document, the writ petition is filed seeking a direction to the sixth 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 sixth 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 sixth 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 sixth 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 07.02.2018 pln