Sri. G. Balakondayya v. The State Of Telangana,

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.5693 of 2018 Order:

The petitioners state that the third respondent is the owner and possessor of the agricultural lands of an extent of Ac.1-14 gts., in Survey No.386, Ac.4-08 gts., in Survey No.387/17, Ac.1-18 1⁄2 gts., in Survey No.387/7, Ac.0-20 gts., in Survey No.387/5, Ac.11-31 gts., in Survey No.387/15, Ac.1-35 gts., in Survey No.379, Ac.2-04 gts., in Survey No.380 and Ac.3-04 gts., in Survey No.387/8, totally admeasuring Ac.26-14 1⁄2 gts., situated at Yavapur village, Toopran mandal, Medak District, having purchased the same under a registered sale deed dated 29.08.2009. The name of the third respondent was mutated in the revenue records. They entered into an agreement of sale with the third respondent for purchase of the said property and when they approached the second respondent for registration of the sale deeds, the second respondent refused to receive and register the documents. 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 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 documents, if any, presented by the petitioners and take action in accordance with the provisions of the Registration Act. If the second respondent cannot register the said documents 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: 21.02.2018 Note:

Issue CC by 26.02.2018 (B/O) Nsr