Smt. B.Agnesamma, v. The State Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.43531 OF 2017 ORDER:
Heard learned counsel for the petitioner, and the learned Government Pleader for Revenue appearing for the respondents. 2.
The petitioner states that the land to an extent of Ac.0-25 cents in Survey No.1181/1 of Kamalapuram Village and Mandal, Kadapa District, was assigned by the revenue authorities in favour of her father as they belong to SC Mala Community. Since the petitioner's father was an Ex-Serviceman, the authorities also issued Land Rights Record/Thoka pass books. Since then, he is in possession and enjoyment of the same. Pattadar passbooks and title deeds were also issued in his favour. While so, the petitioner's father died and the petitioner became successor of the said property. It is stated that the petitioner's father sold part aforesaid property in favour of one Bhaskar Rao, but no registration took place. The said Bhaskar Rao sold the same to one B.Ramakrishna Reddy.
Since the said Bhaskar Rao died, the said Ramakrishna Reddy approached the petitioner and requested to register a sale deed in his name. For which, the petitioner agreed and executed a regular sale deed and presented the same before the second respondent for registration and when he refused to register the same, 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, respondent No.2 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 respondent No.2 to receive the document, if any, presented by the
petitioner and take action in accordance with the provisions of the Registration Act. If respondent No.2 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 FEBRUARY 02, 2018 YVL
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.43531 OF 2017 Date:02.02.2018 YVL