S. Vengamma, v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAJASEKHAR REDDY W.P.NO.45180 OF 2018

O R D E R

Aggrieved by the inaction of the 3rd respondent - Sub Registrar in not receiving and registering the document presented by the writ petitioner in respect of subject land admeasuring 28 sq. yards of land along with house consisting of ground + two floors in Sy.No.472, Kanigiri village and Manal Prakasam District, the present writ petition is filed. Learned counsel for the petitioner submitted that the 3rd respondent vide refusal order No.3/ 2018 dated 29.05.2018 passed order refused to register the document presented by the petitioner and in the appeal, the appellate authority - 4th respondent, vide Appeal No.12/ 2018 dated 01.11.2018, confirmed the same. He submits that this court in similar facts and circumstances in W.P.No.15068 of 2018 dated 26.04.2018, allowed the writ petition. The learned Assistant Government Pleader for Registration and Stamps, does not dispute the same.

In view of the same, writ petition is, accordingly allowed, set setting aside the refusal order No.3/ 2018 dated 29.05.2018 passed by the 3rd respondent and the order passed by the appellate authority No.12/ 2018 dated 01.11.2018, and there shall be consequential direction to the 3rd respondent - Sub Registrar, Kanigiri, Prakasam District, to receive and process the documents presented by the petitioner in respect of the subject land without reference to the order dated 15.03.2011 of the High Court of Madras in Contempt Petition No.1205 of 2010. In the event the document presented is found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar, Kanigiri, shall

complete the registration formalities and release the document in accordance with the due procedure.

Interlocutory applications pending, if any, shall stand closed. No costs.

-------------------------------------------- A.RAJASEKHAR REDDY,J DATE:13-12-2018 AVS