G. Venkata Ramana, v. The State Of Ap., Rep. By Its Principal Secretary,

HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.37106 of 2016 ORDER:

Heard the learned counsel for the petitioner and Government Pleader for Revenue. With consent of both the 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 or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 4th Respondent in refusing to receive the Sale Deed from the Petitioner and not registering the Sale Deed in favour of the Petitioner as illegal, arbitrary, violation of principle of natural justice and violation of Hon'ble High Court of Andhra Pradesh Order and also violation of Article 300-A of the Constitution of India and consequently direct the 4th Respondent to receive the Sale Deed and register the Sale Deed in favour of Petitioner with regard to the Property Plot No.11, admeasuring 1100 Sq.ft or 122.22 Sq. yds, in Survey No.163 sub division N.163/2, link Document No. 9601 of 2011, dated: 10-02-2011, situated at Joharapuram Village, Kurnool Mandal & District."

3.

Section 71 of the Registration Act reads as follow s: 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

CPK,J WP_36200_2016 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:01.11.2016 INL