G.Adinarayana, v. The State Of A.P.

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.42365 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. With their consent, the present writ petition is disposed of at the admission stage.

2.

The present writ petition came to be filed with the following prayer:

"....to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in not entertaining the document and insisting the petitioner to produce No Objection Certificate from Revenue Authorities for registration in respect of the land admeasuring Ac.0.50 cents in Sy.No.274-7, Ac.0.50 cents in Sy.No.274-10 and Ac.0.50 cents in Sy.No.274-37 (Total Ac.1.50 cents) situated at Rapthadu Village & Mandal, Anantapuram District as illegal, arbitrary, Principles of Natural Justice and in violation of Art.300A of the constitution of India and consequently direct the respondent No.4 to entertain and process the document presented for registration in respect of land admeasuring Ac.0.50 cents in Sy.No.274-7, Ac.0.50 cents in Sy.No.274-10 and Ac.0.50 cents in Sy.No.274-37 (Total Ac.1.50 cents) situated at Rapthadu Village & Mandal, Anantapuram District without insisting No Objection Certificate from the Revenue Authorities." 3.

Section 71 of the Registration Act reads as follows: "71. 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

CPK,J WP_42365_2016 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."

4.

As per Section 71 of the Registration Act (for short " the Act"), the 4th respondent is bound to receive the documents and register, if the same are in order as per Stamps and Registration Act and Rules made thereunder. If he intends to refuse the 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 if the same is in order as per provisions of Indian Stamp Act and 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 parties.

6.

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. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:06.12.2016 INL