Nookala Suresh Babu v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.14328 of 2017 ORDER:

The present writ petition is filed declaring the action of the 2nd respondent in not receiving and registering the document presented by the petitioner in respect of house site in Plot No.70 to an extent of 244.44 sq.yards in Sy.No.320/1 of Kallur Village and Mandal, Kurnool District, as illegal and arbitrary and for a consequential direction to the 2nd respondent to receive and process the document presented by the petitioner in respect of the subject property.

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

Section 71 of the Registration Act, 1908 (for short 'the 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 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 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 71 of the Act (for short "the Act"), the 2nd respondent is bound to receive the documents and register, if the

same are in order as per the Indian Stamp Act, 1899 and the Registration Act and Rules made thereunder. Otherwise he shall record the reasons for refusal of the registration. In view of the above, respondent No.2 is directed to register the document presented by the petitioner, if the subject lands are not included in the list of prohibited properties sent by the competent authority or no injunction order prohibiting registration of subject land is operating and the same is in order as per provisions of Indian Stamp Act, 1899 and the Registration Act and the Rules made thereunder. Otherwise he shall record the reasons for refusal of the registration and communicate the same to the parties.

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. ___________________________ A.RAJASHEKER REDDY,J 20.04.2017 dv