Gopi Vinay Vardhan v. The State Of Andhra Pradesh

HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No. 36200 of 2016 ORDER:

Heard the learned counsel for the petitioner and Government Pleader for Revenue. With consent of both the parties, the writ petition is disposed of at the admission stage itself. 2.

The present Writ Petition came to be filed with the following prayer:

"to issue the Writ order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not receiving the documents for registration of property of an extent of 216 sq.yards of residential site with RCC Shed situated in RS No.27 in Ward No.21 bearing Plot No.5 with D.No.21/338-E1 in Machilipatnam, Krishna District and insisting orders from this Hon'ble Court in the light of orders in W.P.No.12188 of 2014 as arbitrary, illegal, capricious and violative of provisions of Registration Act and consequently direct the respondents to receive and process the document presented by the petitioner without insisting NOC from the Revenue Department."

3.

Section 71 of the Registration Act reads as follow s: 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 sub-district, 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

CPK,J WP_36200_2016 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.

4.

As per Section 71 of the Registration Act (for short " the Act"), the 2nd respondent is bound to receive the documents and register, if the same are in order as per Stamps and Registration Act and Rules made thereunder. If he intends to refuse the registration, he has to record reasons as envisaged under Section 71 of the Act referred to above.

5.

In view of the above, respondent No.2 is directed to register the document if the same is in order as per provisions of Indian Stamp Act and Registration Act and the rules made thereunder and if he intends not to register the same, he shall record reasons and communicate the same to the parties.

6.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _____________________________ JUSTI CE C. PRAVEEN KUMAR Date: 26.10.2016 INL