M/S Mcr Infrastructure And Developers, v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 36600 of 2016 ORDER:

The present writ petition came to be filed seeking to declare the action of the respondents particularly respondent No.2 in not registering the document relating to plots of the petitioner located in RS No.52/3 to the extent of Acs.2-34 cents; RS No.53/2 to the extent of Acs.10-86 cents and RS No.54 to the extent of Acs.8-48 cents situated at Mekavanipalem, H/o.Chilakapudi Village, Machilipatnam Mandal, Krishna District, as illegal and arbitrary. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue (AP). With their consent, the writ petition is disposed of at the stage of admission itself.

Section 71 of the Registration 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.

As per Section 71 of the Registration 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 wants to refuse the registration, he has to record the reasons as envisaged under Section 71 of the Registration Act. In view of the above, the 2nd respondent 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. 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. ______________________________ JUSTICE C. PRAVEEN KUMAR 28.10.2016 sur