Smt. Shartnila M. Kamath v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.18093 of 2015 ORDER:

Heard.

The grievance of the petitioners is only with regard to the action of the 2nd respondent in not receiving and processing the document presented by the petitioner relating to the land admeasuring Ac.0-68 cts., in Sy.No.501-2E2B situated at K.Locharla Panchayat and Village, Bukkapatnam Sub-District, Ananthapur Revenue District. The petitioners state that earlier they have sold the land admeasuring Ac.021 cents in the same survey number under registered sale deed bearing Document No.1188 of 2002 and presently, the petitioners have entered into an agreement of sale with the purchaser on 23-032015 and when the said document is presented for registration, the 2nd respondent refused to receive the same.

It is well settled that even before presentation of a document, registering authority cannot refuse or reject the document and in matters of this nature, this Court has been directing the Registrar to receive and process the document in accordance with law on examining the same under the Indian Stamp Act and the Indian Registration Act.

Liberty is also left to the 2nd respondent that if he is not satisfied with registering of the document, he shall pass appropriate reasoned order under Section 71 of the Indian Registration Act. The writ petition is, therefore, disposed of directing the 2nd respondent to receive and process the document as aforesaid presented by the petitioner or his vendee relating to the aforesaid land and thereafter take appropriate steps as indicated above. No order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________ VILAS V.AFZULPURKAR, J Date: 23-06-2015 Prv HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.18093 of 2015 23-06-2015 Prv