H.S. Srinivas Rao v. The State Of A.P.,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.39494 OF 2017 ORDER:

Heard learned counsel for the petitioners and the learned Government Pleaders appearing for the respondents. 2.

The petitioners state that they have purchased the property in Survey No.296/1 to an extent of Ac.5-04 cents situated at Gollapuram Village, Hindupur Mandal, Anantapur District, from one Eeshwaramma vide Document No.7035/2013. At the time of registration, when the Sub-Registrar has not entertained the said document for registration, the vendor of petitioners has filed W.P.No.29713 of 2010 and this Court disposed of the same with a direction to receive the said document and register the same. It is stated that the petitioners now intend to sell the subject property in favour of third parties and executed document and when the fifth respondent refused to receive the said document for registration, the present writ petition is filed. 3.

It is needless to observe that when a properly drafted document is presented for registration complying with all formalities, the fifth respondent has no alternative except to receive the said document and he cannot refuse to receive the document.

4.

In the circumstances, the Writ Petition is disposed of directing the fifth respondent to receive the document, if any, presented by the petitioners and take action in accordance with the provisions of the Registration Act. If the fifth respondent cannot register the said document for any reason, he has to make an endorsement to that effect and pass an order in accordance with Section 71 of the Registration Act.

5.

The Writ Petition is, accordingly, disposed of. Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed. There shall be no order as to costs.

_______________________________ A.RAMALINGESWARA RAO, J JANUARY 23, 2018 YVL

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.39494 OF 2017 Date:23.01.2018 YVL