M. Gunasankara Naidu, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.4128 of 2018 Order:

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

The petitioner states that one Prabhakar Reddy was granted patta in respect of the land of an extent of Ac.2-30 cents, situated in Survey No.280 of 76-Kattamanchi village, Chittoor Mandal and District. After the demise of said Prabhakar Reddy, his legal heirs executed registered sale deeds in favour of C. Damodar Reddy and Harinatha Reddy in respect of the said land in the year 1979. After obtaining the approval from the Moriganampalli Grampanchayat, the said Damodar Reddy and Harinatha Reddy developed the said land by making it into plots and executed a registered gift settlement deed in favour of M/s. Social Unit for Community Health and Improvement Society in respect of the land of an extent of 6,186-01 sq. yards. The petitioner entered into an agreement of sale with the said M/s.

Social Unit for Community Health and Improvement Society for purchasing and selling the plots to various individuals and after entering into the agreement with the said society, when he approached the fourth respondent for registration of the document, he refused to register the same without assigning any reasons. 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 fourth 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 fourth 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 fourth 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: 08.02.2018 Nsr