Gopisetty Bhuvaneswari Prasanna, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16909 of 2015 Date: 15.06.2015 Between:

Gopisetty Bhuvaneswari Prasanna.

.... Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary to Government, Revenue Department and others.

... Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16909 of 2015 ORDER:

In the light of the law laid down by a Division Bench of this Court in G.Narsaiah v. State of Andhra Pradesh, it is not open to the registration authorities to shut out a document presented to them for registration at the threshold by refusing

to receive it. Section 71 of the Registration Act, 1908 (for short 'the Act'), vests the registration authority with the power to refuse registration by duly recording the reasons therefor.

The complaint of the petitioner in this case is that the Sub-Registrar, Parvathipuram, Vizianagaram District was refusing to receive the document presented by her in relation to the subject property without disclosing the reasons therefor, which is not a course open to the said authority. The writ petition is therefore disposed of directing the Sub-Registrar, Parvathipuram, to receive and process the document presented by the petitioner for registration in relation to the subject property. In the event the Sub-Registrar, Parvathipuram is of the opinion that the document warrants refusal of registration, he shall pass appropriate orders duly recording the reasons for such refusal in accordance with Section 71 of the Act. If, however, the document is found to be complaint with all legal requirements, he shall register the same and release it in accordance with due procedure.

Pending Miscellaneous Petitions shall also stand closed, in the light of this final order. No order as to costs.

____________________ SANJAY KUMAR, J Date: 15.06.2015 Note: Furnish C.C. in three (3) days.

(B/o) GJ