B.Ilayaraja v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.39744 OF 2016 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Revenue. With consent of both parties, the Writ Petition is disposed of at the admission stage itself.

2. The present Writ Petition came to be filed with the following prayer:

"... to issue a writ, order or direction more in the nature of Mandamus declaring the action of the Respondents 3 & 4 refusing to entertain the sale transaction of the landed property admeasuring an extent of Ac.3.50 cents in R.S.Nos.1050/9, 1050/10, 1050/21, 1050/22, 1050/23, 1050/25 & 1050/26 of Nuzivid, Krishna District, State of Andhra Pradesh as illegal, arbitrary and contrary to the relevant provisions of the Registration & Stamps Act consequently direct the Respondents 3 & 4 to entertain sale transactions and to give effect registration over the above mentioned landed property and release the documents and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."

3. 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

CPK,J W.P.No.39744 of 2016 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."

4. As per Section 71 of the Registration Act, respondent No.4 is bound to receive and register the document, if the same is in order, as per the provisions of the Indian Stamp Act and the Registration Act and the Rules made thereunder. If he intends to refuse registration, he has to record reasons as envisaged under Section 71 of the Act, referred to above.

5. In view of the above, respondent No.4 is directed to register the document presented by the petitioner, if the same is in order, as per the provisions of the Indian Stamp Act and the Registration Act and the Rules made thereunder, and if he intends not to register the same, he shall record reasons and communicate the same to the petitioner.

6. With the above direction, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. There shall be no order as to costs. _____________________________ JUSTICE C. PRAVEEN KUMAR November 17, 2016 MD