Khambhampati Kumari, v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary,
THE HON'BLE SRI JUSTI CE A.RAMALI NGESW ARA RAO W .P.NO.4 2 8 5 4 OF 2 0 1 7
ORDER
Heard the learned counsel for the petitioner and the learned Government Pleader for respondents.
The case of the petitioner is that large extent of dry/ wet land in Narukullapadu village, Amaravathi Mandal, Guntur District belonging to different land owners, was proposed to be purchased for the benefit of scheduled castes agricultural labour families under the Land Purchase Scheme by the Committee constituted by the Government.
The Collector/ Chairman, District Scheduled Castes Services Co-operative Society Limited, Guntur District, accorded sanction under proceedings dated 17.09.2002. In pursuance of the said proceedings, the sale deeds in respect of different extents of land, were executed and registered by the pattadars directly in favour of the beneficiaries. One of the persons, in whose favour, the sale deed was executed, wanted to sell the land in favour of the petitioner and the petitioner entered into an agreement of sale dated 12.12.2017. When the sale deed was presented for registration, the 2nd respondent - Sub Registrar, refused to receive the same. In such circumstances, the present writ petition is filed. It is needless to state that when a properly drafted document is presented for registration before the registering authority and if the document complies with all the formalities contemplated under the provisions of the Registration Act, 1908 (for short 'the Act'), the registering authority cannot refuse the same.
In the circumstances, the 2nd respondent is directed to receive the document presented by the petitioner for registration, provided it complies with all the required formalities under the provisions of the Act and the Rules made thereunder. If the registering authority has any objection for
registration of the document, he may make endorsement under Section 71 of the Act. Otherwise, he has to take necessary steps as provided under the Act.
The writ petition is accordingly disposed of. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.
---------------------------------------- A.RAMALI NGESW ARA RAO,J DATE: 25-01-2018 AVS