Shaik Jaffer Valli S/O Shaik Garibulla Nawaz, v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.5301 OF 2017 ORDER:

This petition is filed for a writ of Mandamus declaring the action of the 3rd respondent in not receiving and registering the Sale Deed presented by the petitioner for registration in respect of the lands to an extent of Ac.7-71 out of Ac.10.04 cents in Survey Nos. 78, 82, 79, 362/2 and 147, situated at Periyavaram Revenue Village, Appaiahrajupet Grampanchayath, Pullampet Mandal, YSR Kadapa District, as illegal and arbitrary and for a consequential direction to the 3rd respondent to receive and register the aforesaid documents presented by the petitioner.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

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 subdistrict, 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.

As per Section of the Registration Act (for short " the Act"), the 3rd respondent is bound to receive the documents and register, if the same is in order as per Stamps and Registration Act and Rules made thereunder. If he wants to refuse the registration, he has to record the reasons as envisaged under Section 71 of the Act, which is referred to supra.

In view of the above, it is open for the petitioner to present the document before the 3rd respondent, and on such submission, the 3rd respondent is directed to receive and register the same if the same is not included in the list of prohibited properties for registration and is in order as per the provisions of Indian Stamps and Registration Act and the Rules made thereunder. If he wants to refuse registration, he shall record reasons and communicate the same to the parties.

With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 15.02.2017 tk