Patan Maqbulkhan, S/O P. Karim Khan, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.32557 OF 2016 ORDER:

This writ petition is filed challenging the action of the respondents in refusing to receive and process the document to be presented by the petitioners for registration in respect of the land to an extent of Ac.2.95 cents covered by Survey No.673, situated at Vongimalla Village, Veeraballi Mandal, Kadapa District, as arbitrary and illegal and for a consequential direction to the respondents to receive, process and register the documents presented by the petitioners.

Heard the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.

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 of the Registration Act (for short "the Act"), the 3rd respondent is bound to receive the document and register, if the same is in order as per the 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 Act, which is referred to supra. In view of the above, it is open for the petitioners to present the document before the 3rd respondent for registration within a period of four weeks from today and on such submission the 3rd respondent is directed to receive the document presented by the petitioners if the same is in order as per provisions of the Indian Stamps and Registration Act and the Rules made there under. If he wants to refuse the registration, he shall record reasons and communicate the same to the parties, otherwise register the same. No order as to costs.

With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

__________________________ A.RAJASHEKER REDDY, J 28.09.2016 tk