Shaik Farhana , Nasreen, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.37518 of 2016 ORDER:

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

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 5th respondent in insisting the petitioner to secure No Objection Certificate from respondents 2 to 4 for furnishing valuation of property as per basic value register and for receiving and registering any deed of conveyance including Sale Deed connected to the petitioner's agricultural landed properties admeasuring Ac. 3.59 cents, Ac. 3.64 cents, Ac. 3.62 cents and Ac. 5.

45 cents respectively covered by Survey Numbers 867, 870, 871 and 1264/la of Bandlapalle Revenue Village in Ramapuram Mandal of YSR Kadapa District, as illegal, irregular, irrational, violative of provisions of The Registration Act, 1908 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the 5th respondent to receive, register and release any deed of conveyance connected to the aforesaid landed properties without insisting upon any No Objection Certificate from respondents 2 to 4 and pass such other orders or order as this Hon'ble Court may deem fit and proper in the circumstances of the case."

CPK,J W.P.No.37518 of 2016

3. 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."

4. As per Section 71 of the Registration Act, respondent No.5 is bound to receive and register the document, if the same is in order, as per the provisions of the Indian Stamp Act and the Registration Act and the Rules made thereunder. If he intends to refuse 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.5 is directed to register the document presented by the petitioner, if the same is in order, as per the provisions of the Indian Stamp Act and the Registration Act and the Rules made thereunder, and if he intends not to register the

CPK,J W.P.No.37518 of 2016 same, he shall record reasons and communicate the same to the petitioner.

6. With the above direction, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. There shall be no order as to costs. _____________________________ JUSTICE C. PRAVEEN KUMAR November 04, 2016 MD