K.Narayana v. The State Of A.P.

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.44603 of 2018 ORDER:

This writ petition is filed challenging the action of the 4th respondent in not entertaining the document and insisting the petitioner to produce 'No Objection' certificate from Revenue Authorities for registration of land admeasuring Ac.1.91 cents in Sy.No.11-D2, situated at Veerapuram Village, Tadiparti Mandal, Anantapuram District. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

Section 71 of the Registration Act, 1908 (for short 'the 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.

As per Section 71 of the Act, the 4th respondent is bound to receive the documents and register, if the same is in order as per the Indian Stamp Act, 1899 and the Registration Act and Rules made thereunder. Otherwise he shall record the reasons for refusal of the registration.

In view of the above, the 4th 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. With the above direction, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, in this writ petition shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 13.12.2018 tk