A.Yogananda Reddy v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.42294 of 2018 ORDER:

This writ petition is filed challenging the action of the Sub-Registrar, Renigunta, Chittoor district in refusing to register the schedule land of Ac.0.20 cents in Survey no.52/2B and Ac.0.49 cents in Sy.No.52/2C i.e., Ac.0.69 cents with Plot No.37 out of Mangalam Village, Tirupathi Urban Mandal, Chittoor District.

Learned Assistant Government Pleader for Revenue produced written instructions dated 28.11.2018, stating that as per the prohibited properties list furnished by the District Collector, Chittoor under Section 22-A(1)(b) of the Registration Act, 1908 vide Lr.No.ROC No.F7/4495/2013, dated 20.10.2018, communicated through the District Registrar, SBRD, Tirupati vide Memo No.G9/1456/2018, dated 25.10.2018, the land comprised with an extent of Ac.03.86 cents in Sy.No.52/2 of Mangalam Village, Tirupati Urban Mandal is classified as "AWD"; that accordingly, registrations in respect of the above said survey number is prohibited under Section 22(A)(1)(b) of Registration Act, 1908. It is further informed that, no documents are presented by the petitioner before the Sub-Registrar, Renigunta, so far; that however if the petitioners present the document for registration, the same will be processed as per the Indian Registration Act, 1908.

The same is disputed by the learned counsel for the petitioner.

Copy of the list dated 20.10.2018 is not produced before this Court by the respondents.

Since it is stated that document is not presented for registration, it is open for the petitioner to present the document for registration and the 6th respondent is directed to receive and register the document presented by the petitioner in respect of the subject land if the same is in order as per the provisions of Indian Stamps and Registration Act and the Rules made thereunder, and if the subject land is not included in the list of prohibited properties for registration as per Section 22-A of the Act or not prohibited for registration by any order/injunction passed by the Court or competent authority. If he wants to refuse registration, he shall record reasons and communicate the same to the parties. Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 04.12.2018 tk