Muthusamy Murugesan, v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 25.10.2017 Between:

Muthusamy Murugesan, Maduri Veeran Muthu Samy, Aged about 52 years, occu: Business, R/o. H.no.58-1-355, Susarla Colony, HDFC Bank, Butchirajupalem, Gopalapatnam, Visakhapatnam (Rural), Visakhapatnam District.

.....Petitioner and The State of Andhra Pradesh, rep.by its Principal Secretary, Stamps & Registration Department, Secretariat, Velagapudi, Amaravathi, Guntur District and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner claims to be the absolute owner of land to an extent of Ac.0.84 cents of Chinmushivada village, Visakhapatnam district. Petitioner claims that said property was purchased by his father under registered sale deed dated 02.03.1981. After death of his father, petitioner is in possession and enjoyment of the said property. This writ petition is filed alleging that when petitioner sought to present the deed of conveyance, 3rd respondent refusing to allow the registration of the subject property and said action is arbitrary and illegal.

2.

However, when specifically asked, learned counsel for petitioner only submits that there is no proof of presentation of document and that petitioner has not paid stamp duty and registration fee. On instructions, learned counsel for petitioner submits that petitioner is willing to pay the stamp duty and registration fee and present the document.

3.

Since there is no proof of presentation of document after payment of stamp duty and registration fee, it cannot be said that registering authority erred in not accepting the document, warranting issuance of direction as sought for by petitioner. Thus, leaving it open to the petitioner to present the document after payment of stamp duty and registration fee, writ petition is disposed of. It is needless to observe that if document is presented for registration after complying the registration formalities, registering authority shall receive the document and process the same in accordance with the Indian Registration Act, 1908 and the

Rules made there under. If registering authority has any objection for registering the document, it is open to the registering authority to assign due reasons in support of the decision to refuse the registration and communicate the same to the petitioner. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 25.10.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 25.10.2017 kkm