HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 36087 of 2013 Date : 29.4.2014 Between :
A Arun Kumar Reddy and others and The State of Andhra Pradesh Rep by its Secretary, Hyderabad and others … Petitioner … Respondents THE HON’BLE SRI JUSTICE P NAVEEN RAO W.P.No. 36087 OF 2013 ORDER:
Petitioners aver that land to an extent of 488.88 sq yards bearing plot Nos.59 and 60 in Survey Nos.672A2, 680B, 674A, 674B and 676B, Venkatadri Nagar, Kallur, Kurnool district belongs to one K.Rangaiah. Said K . Rangaiah entered into an agreement of sale with one N. Sivudu on 26.9.2008. Petitioners entered into an agreement of sale with N.Sivudu to purchase the total extent of 488.88 and when they approached the third respondent for registration of the aforesaid plots, the second respondent informed that no document for registration can be processed on the above property as the Anti-Corruption Bureau has informed that crime is registered against N Sivudu.
2. Learned counsel for petitioners submitted that N.Sivudu is not owner of the property and he only holds an agreement of sale. It is further contended that unless a notification is issued under Section 22-A of the Registration Act or restraint is imposed by the competent Court, the Sub - Registrar has no authority or competency to refuse to register a document presented before him and placed reliance on interim orders passed by this Court in WPMP No. 2993 of 2010 in W P No. 2238 of 2010.
3. If the assertion of the petitioners is true that there was no restraint imposed by the competent Court, mere registration of crime against N.Sivudu, cannot be a ground to refuse processing of the deed of conveyance presented before the Sub Registrar.
4. The Sub Registrar, Stamps and Registration, Kallur, Kurnool district/second respondent herein is directed to receive the deed of conveyance as and when presented by the petitioners in respect of land to an extent of 488.88 sq yards bearing Plot Nos. 59 and 60 in Survey Nos. 672A2, 680B, 674A, 674B and 676B, Venkatadri Nagar, Kallur, Kurnool district, and if there is no notification issued under Section 22-A of the Registration Act and no restraint imposed by the competent Court against alienation of the said land, process the document in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899.
Accordingly, the writ petition is disposed of. No costs.
Sequel to the same, the miscellaneous petitions if any stand closed.
P.NAVEEN RAO,J DATE: 29.4.2014 TVK