R. Ramesh, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO WRI T PETI TI ON No.6811 OF 2018 ORDER:

1.

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

2.

The petitioner states that he is the absolute owner and possessor of house plots bearing No.177 to 185 admeasuring an extent of Ac.0.23 cents in Sy.No.69 of Dupadu Village, Kallur Mandal, Kurnool district, having purchased the same by way of Registered Sale Deed No.5428/2008 dated 1.9.2008 for a valuable sale consideration. Since the date of purchase, the petitioner is in peaceful possession and enjoyment of the said house plots. When the petitioner intended to sell the property, he approached the 2nd respondent to ascertain the market value for the purpose of stamp duty and registration. The 2nd respondent refused to receive the documents stating that the said lands are Wakf lands. Challenging the action of the 2nd respondent, the present Writ Petition is filed. 3.

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. 4.

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.

5.

The Writ Petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

________________________ A. RAMALI NGESWARA RAO,J Date: 1.3.2018 KPM