P.Solmon v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.5396 OF 2018 ORDER:

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

The petitioner states that Kurnool Baptist Sangham (Regd. No.3/1945, dated 20.01.1945) executed Registered General Power of Attorney No.51 of 2010, dated 18.09.2010 authorising the petitioner to sell the Sangham lands and accordingly, the petitioner executed sale deed, dated 07.02.2018 alienating the land admeasuring 1473.33 square yards (30 cents) of the 40th Ward in Survey No.140/2A and 140/5, Sub No.10 of Kurnool Town in favour of M.Narsimloo and another and submitted the same to the second respondent and when the second respondent refused to receive and register the same on the ground that the property is a Christian property, the writ petition is filed seeking a direction to the second 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 second 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 second 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 second 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 20.02.2018 pln