Sri Syed Basha, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.34839 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. With consent of the counsel appearing for both sides, 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 an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No. 5 in refusing to receive and register the document presented by the petitioner with regard to the land admeasuring Ac.2.02 Cents in Sy. No. 53/2B and an extent of Ac. 3-40 cents in Sy. No. 53/2C of Jarravaripalle Village, Valmikipuram Mandal, Chittoor District basing on the list submitted by the 4th Respondent treating the same as Assigned land as illegal, arbitrary, and against the principles of natural justice and consequently direct the respondent No.5 to receive and register the document presented by the petitioner with regard to the land admeasuring Ac.2.02 Cents in Sy. No. 53/2B and an extent of Ac. 3-40 cents in Sy. No. 53/2C of Jarravaripalle Village, Valmikipuram Mandal, Chittoor District and release the same."

3.

The case of the petitioner is that the father of the petitioner purchased the aforementioned extents of land from one C.Ravindranath Reddy vide registered sale deed No.2581/1977,

CPK,J WP_34839_2016 dated 06.10.1977. After his demise, the petitioner succeeded the property. As the petitioner was in financial crisis, he intended to sell the land and also obtained Valuation Certificate from the SubRegistrar, Valmikipuram. It is said that as per the directions of this Court in W.A.No.343 of 2015, 232 of 2012 and 352 of 2013 dated 23.12.2015, the 4th respondent prepared a list of prohibited lands covering under Clause (e) of Section 22-A and communicated the same to the registration authorities restricting registration of the lands shown in the list. Incidentally, the above land of the petitioner was also included in the aforementioned list of lands falling under Section 22-A clamping prohibition of registration.

Though the petitioner brought to the notice of the registering authorities about the interim order passed by the Hon'ble Supreme Court in Special Leave Petitions in appeal preferred against the Order in W.A.No.343 of 2015, 232 of 2012 and 352 of 2013 dated 23.12.2015, wherein it was made clear that the registration can be done expressly making it subject to the final outcome of the Special Leave Petitions, his plea was denied on the ground that there are no specific directions in the matter.

4.

It is to be seen that under Section 71 of the Registration Act, 1908, it is mandatory on the part of the Sub-Registrar to record reasons for refusing to register a document.

CPK,J WP_34839_2016 5.

In that view of the matter, the 5th respondent is directed to examine the document of the petitioner for registration in respect of the land and if the document is in order, proceed with registration, otherwise record reasons for such refusal or registration for any plausible reasons, as contemplated under Section 71 of the Registration Act, 1908 and communicate the reasons thereon to the petitioner.

6.

With the above directions, 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:18.10.2016 Note: Furnish CC within three (03) days.

(B/O) INL