S.Mahabub Basha v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.40828_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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in insisting No Objection Certificate from the 3rd respondent to register the sale deed in respect of the petitioner's plot in S.No.511-1B1, 511 1B2 situated at B.K. Palle Village, Madanapalle Mandal and Municipality in Chittoor District, as illegal and arbitrary and against to law and consequently, direct the 5th respondent to receive, register and release the sale deed in respect of the plot in S.No.511- 1B1, 511-1B2 situated in B.K.Palle Village in Madanapalle Mandal and Municipality in Chittoor District." 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_40828_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 5th 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.5 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:24.11.2016 INL