M/S Sr Homes v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 44472 of 2016 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue. With the consent of both the parties, the writ petition is disposed of at the admission stage itself.

2.

The present writ petition came to be filed declaring the action of the fourth respondent in not registration the sale deed sought to be presented by the petitioners in respect of property bearing Flat No.501, Indraprastha Building in H.No.4-20-20A in Guntur despite collecting requisite stamp duty and registration fee as illegal and arbitrary and a consequential direction to the fourth respondent to entertain the above document for the purpose of registration and release the same in favour of the purchaser.

3.

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.

4.

As per Section 71 of the Registration Act (for short " the Act" ), the fourth 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 Act referred to above.

5.

In view of the above, the fourth 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 within a period of ten days, after hearing the petitioners 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. _________________________ JUSTICE C. PRAVEEN KUMAR 20.12.2016 Note:

Issue CC by 22.12.2016.

B/ o.

vhb