High Court for State of TelanganaWP/20315/2015disposed of no costs

Kuruva Amaravathi Gopanna, S/O K. Thimmappa, v. The State Of Andhra Pradesh Rep.

2015-07-06C.V.Nagarjuna Reddy3 pages

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.20315 OF 2015 DATED:6-7-2015 Between:

Kuruva Amaravathi Gopanna ... Petitioner And The State of Andhra Pradesh Rep. by its Principal Secretary Stamps & Registration Dept., Secretariat Buildings, Hyderabad and others ... Respondents ... Respondents COUNSEL FOR THE PETITIONER: Mr. Ch. Ravinder COUNSEL FOR THE RESPONDENTS: G.P. for Revenue (AP)

THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed feeling aggrieved by the action of the respondents in not entertaining the sale deed in respect of Ac.0.66 cents in Sy. No.470/B, Rudravaram Village, Kurnool Sub-division, Kurnool District.

The only ground on which respondent No.2 is stated to have refused to receive the document is that the above said land is in the prohibitory list.

At the hearing, it is not disputed by the learned Government Pleader for Revenue (AP) that at least two Division Benches of this Court have held that Sub-Registrar cannot refuse to entertain the document when the same is sought to be presented for registration. If respondent No.2 has any legally sustainable objection for registration of the document, he has to pass an appropriate order under Section 71 of the Registration Act, 1908 (for short, 'the Act') and if any person is aggrieved by such order, he is entitled to avail the remedy of appeal under Section 72 of the Act (See G. Narasaiah and another v. State of A.P.[1] and judgment dt.1.10.2013 in W.A. No.1653 of 2013). In view of the above undisputed legal position, respondent No.2 is directed to receive the document and process the same for registration.

If he finds any legally sustainable objection, he shall pass an order under Section 71 of the Act within one week from the date of receipt of the document. If the petitioner feels aggrieved by such order, he shall be free to avail appropriate legal remedy. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P. No.

2015 shall stand disposed of as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 6-7-2015 bnr [1] 2011 (3) ALT 415 (DB)