Syed Moulali, v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.36243 of 2017 ORDER :

Heard the counsel for petitioner, and the learned Government Pleader for Revenue, for respondents.

2.

The petitioner has filed the Writ Petition alleging that he intended to present a document for registration before the 6th respondent, but he has refused to receive the document, that he is insisting on a 'No Objection Certificate' to be produced from the District Collector, and also saying orally that the land, which is subject matter of the said document, is contained in the prohibitory list under Section 22-A of the Indian Registration Act, 1908. 3.

It is the statutory duty of 6th respondent to receive documents presented to him for registration, and consider the same as per the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899 for the purpose of registration.

4.

No doubt, it is open to him to refuse to register documents, but he should pass a speaking order under Section 71 of the Registration Act, 1908 if he does not wish to register the same. 5.

Therefore, the Writ Petition is disposed of directing the 6th respondent to receive the document presented by petitioner for the purpose of registration, consider the same in accordance with law, and if he does not wish to register, he shall pass a reasoned order within a

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period of six (06) weeks from the date of receipt of copy of the order giving reasons why he does not wish to register the document. No order as to costs.

6.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 31-10-2017 Ndr/*