M. Konaiah, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.2481 OF 2017 ORDER:

This writ petition is filed to declare the action of the 5th respondent in insisting the petitioners to get No Objection Certificate from the respondents 2 to 4 to the land to an extent of Acs.1.53 cents i.e., Acs.0.51 cents each to the petitioners in Sy.No.224-1, situated at Dorigallu village, Mudiguba Mandal, Anantapur District as illegal and arbitrary and consequently to direct the 5th respondent to receive the sale deed in respect of subject land, register and release the same.

Heard learned counsel for the petitioners and the 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 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 of the Registration Act (for short " the Act"), the 5th 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 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 petitioners to present the document before the 5th respondent for registration and on such submission, the 5th respondent is directed to receive the same, if it is in order in terms of Section 71 of the Act and register the same if the same is in order as per provisions of Indian Stamp Act and Registration Act and the Rules made thereunder and if he wants to refuse to register the same, 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 25-01-2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.2481 OF 2017 Date: 25.01.2017 kvs