Mohd Riyazuddin v. The State Of Ts

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.4998 of 2018 Order:

The petitioner states that originally one Mohd. Azeemuddin, the ExServiceman was assigned the land totally admeasuring 5498.5 sq. yards, situated in Survey No.366/P of Attapur village, Rajendranagar mandal, Ranga Reddy District, vide patta certificate dated 29.04.1961. The petitioner and one Mohd. Saleem purchased the said land under registered sale deeds dated 25.10.1976 and 06.10.1981. Since the Mohd. Saleem died, his wife Fatima Bee acquired his share by virtue of succession. Thereafter, they got mutated their names in the revenue records and subsequently they divided the said land equally. The petitioner intends to sell the land to some third parties and approached the third respondent for registration of the document.

When the third respondent refused to receive and register the document, without assigning any reasons, he filed the present Writ Petition. It is needless to observe that when a properly drafted document is presented for registration complying with all formalities, the third 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 third 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 third 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: 16.02.2018 Nsr