Munasa Gangadhar v. The State Of Andhra Pradesh Rep.By Its Principal

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.42605 OF 2016 ORDER:

The case of the petitioner is that he purchased the land in Sy.No.46/1P, admeasuring Ac.2.07 cents, in Sy.No.25/2 admeasuring Ac.2.80 cents and in Sy.No.46/1,2 admeasuring Ac.3.86 cents, total admeasuring Ac.8.73 cents situated at Nidigattu Village and Grampanchayat, Bheemunipatnam Mandal, Visakhapatnam District from his vendors and original owners by virtue of sale deed dated 19.07.2016. After purchase of the aforesaid land, the petitioner have submitted the sale deed before the 3rd respondent for registration of the same. But the 3rd respondent without assigning any reason not entertained the sale deed presented by the petitioner. Aggrieved by the same, the present writ petition is filed. Heard 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 3rd respondent is bound to receive the document and register, if the same is 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 petitioner to present the document before the 3rd respondent for registration within a period of four weeks from today and on such submission, the 3rd respondent is directed to receive 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 07-12-2016 dv