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High Court for State of TelanganaWP/30004/2016disposed of no costs

Lingala Balaiah v. The State Of Telangana,

2016-09-07A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.30004 OF 2016 ORDER:

The case of the petitioner is that he executed Power of Attorney dated 18.06.2014 in favour of the 3rd respondent granting him right to sell the property and the same is registered in document No.3319/2013 on the file of the Joint Sub-Registrar, Ibrahimpatnam. While so, when the petitioner approached the 2nd respondent for cancellation of the aforesaid GPA, the 2nd respondent is refusing to receive, process and register the proposed revocation deed on the ground that the 3rd respondent also should be present. Aggrieved by the same, present writ petition is filed. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

As per Section of the Registration Act (for short "the Act"), the 2nd respondent is bound to receive the document presented by the petitioner and register, if the same is in order as per the Stamps and Registration Act and Rules made there under. If he wants to refuse the registration, he has to record the reasons as envisaged under Section 71 of the Act. But, he cannot refuse to receive.

In view of the same, the 2nd respondent is directed to receive the document presented by the petitioner and pass orders in accordance with law. If the petitioner is aggrieved by the said orders, he can challenge the same.

Accordingly, the writ petition is disposed of. No order as to costs. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 07.09.2016 t k