Pidatala Billy Prince v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.41374 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 appropriate Writ, Order or Direction, more particularly on in the nature of Writ of Mandamus, to declare the action of the 2nd respondent in not to register the document of the land admeasuring Ac. 7-62 Cents or 3-08 Hectors in Sy.

No.445, situated at Hussainpuram Grampanchayat, Velligandla Mandal, Kanigiri Revenue Division, Prakasam District and insisting NOC to the petitioner as illegal, arbitrary and violation of the Art.14, 21, 300(A) of Constitution of India and also violation of provisions of U/S.71 of the Registration Act.1908 and consequently direct the 2nd respondent to receive and register the document may be presented by the petitioner."

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 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

CPK,J WP_41374_2016 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 2nd 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.2 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:29.11.2016 INL