Gundavarapu Ramgopala Rao v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.45657 of 2018 ORDER:

The present writ petition is filed to declare the action of respondents 3 and 4 in not receiving and processing the document sought to be presented by the petitioners in respect of landed property admeasuring Ac.6-61 cents in Rs.No.21/13 (Sy.No.21/1(old) situated at Morampudi Village, Rajahmundry Rural Mandal, East Godavari District as illegal and arbitrary and for a consequential direction to respondents 3 and 4 to receive and register the document sought to be presented by the petitioners in respect of the subject land.

Learned counsel for the petitioners submits that in similar circumstances, this Court disposed of WP.Nos 36040 of 2016, dated 04-11-2016, 37518 of 2016, dated 04-11-2016 and WP.No.43610 of 2016, dated 15-12-2016.

Heard 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 subdistrict, 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 (for short "the Act"), respondents 3 and 4 are bound to receive the documents and register, if the same are in order as per the Indian Stamp Act, 1899 and the Registration Act and Rules made thereunder. Otherwise they shall record the reasons for refusal of the registration.

In view of the above, respondents 3 and 4 are directed to receive and register the document presented by the petitioners, 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 Registration Act, 1908 or not prohibited for registration by any order/injunction passed by the Court or competent authority. If they want to refuse registration, they shall record reasons and communicate the same to the parties.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently,

miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A.RAJASHEKER REDDY,J 15-12-2018 Nvl