Syed Ismail v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 7775 of 2017 ORDER:

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

The present writ petition is filed declaring the action of the Sub-Registrar-respondent No. 4 in not receiving and registering the sale deeds in respect of the land admeasuring Ac.0-96 cents in Sy.No.741, Ac.0-36 cents in Sy.No.759, Ac.0.42 cents in Sy.No.761, Ac.1-15 cents in Sy.No.773, Ac.1-08 cents in Sy.No.190, Ac.0.37 cents in Sy.No.769-B, Ac.0-97 cents in Sy.No.783, Ac.2-70 cents in sy.No.792, Ac.2-82 cents in Sy.No.793, Ac.2-23 cents in Sy.No.816, Ac.1-68 cents in Sy.No.1072, Ac.1.19 cents in Sy.No.1073 Ac.1.74 cents in Sy.No.817 totalling an exent of Ac.17-73 cents situated at Isakapalli Village, Alluru Mandal, SPSR Nellore District and insisting upon No Objection Certificate from the 3rd respondent, as illegal and arbitrary.

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 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 71 of the Act (for short "the Act"), the 4th respondent is bound to receive the documents and register, if the same are in order as per the Indian Stamp Act, 1899 and the Registration Act and Rules made thereunder. Otherwise he shall record the reasons for refusal of the registration. In view of the above, respondent No.4 is directed to register the document presented by the petitioner, if the subject lands are not included in the list of prohibited properties for registration as per Section 22-A of the Act and same is in order as per provisions of Indian Stamp Act, 1899 and the Registration Act and the Rules made thereunder. Otherwise he shall record the reasons for refusal of the registration and communicate the same to the parties.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ___________________________ A.RAJASHEKER REDDY,J 07.03.2017 dv