THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30976 of 2013 Dated : 20.06.2014 Between:
Addanki Subbaiah Babu, S/o late A.V.Krishnaiah, 45 yrs., Business, R/o D.No.45-202/1-A, Kurnool Town and District.
.. Petitioner And The Sub-Registrar, Patancheru, Medak District and six others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30976 of 2013 ORDER :
The case of the petitioner is that Sri S.Balaiah of Patancheru, Medak District is the owner of the land to an extent of Acs.4.03 guntas in Survey No.999/E of Ameenpur Village, Patancheru Mandal, Medak District. The petitioner as a partner has entered into an agreement of sale on 17.07.2010 with the owner of the land. When this document is presented before the Sub-Registrar, Patancheru, Medak District (1st respondent), the Sub-Registrar refused to receive the document and process the same. Aggrieved thereby, this writ petition is instituted.
2. When the matter is taken up for consideration, learned counsel for the petitioner placed reliance on the decision of this Court in W.P.No.21239 of 2013 dated 19.07.2013, which concerns Survey No.999/C of the same village. In the said case also, it was contended that the action of the Sub-Registrar in refusing to receive the document, is illegal and reliance was placed on the decision of this Court in G.Narsaiah
V. State of Andhra Pradesh
[1]
. In W.P.No.21239 of 2013, this Court held as under :
“The writ petition is accordingly disposed of directing the Sub-Registrar, Patancheru, to receive and process the document presented by the petitioner in respect of the subject land. In the event the said document is found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar shall complete the registration formalities and release the document in accordance with the due procedure.”
Learned counsel for the petitioner submits that a similar direction be issued in this writ petition.
3. In the counter-affidavit filed on behalf of the 1st respondent, the 1st respondent contended that no document is presented before him and if the petitioner presents any document, the respondent would consider the same as per the Indian Registration Act, 1908 and the Indian Stamp Act, 1899 and the rules thereunder.
4. Having regard to the submissions made, this Writ Petition is disposed of giving liberty to the petitioner to present the deed of conveyance concerning the land to an extent of Acs.4.03 guntas in Survey No.999/E before the Sub-Registrar, Patancheru, Medak District (1st respondent). As and when such document is presented, the Sub- Registrar shall receive and process the document presented by the petitioner in respect of the subject land. In the event the said document is found to fulfil the requirements of the Indian Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar shall complete the registration formalities and release the document in accordance with due procedure. If the Sub-Registrar has an objection regarding the registration, he shall record the reasons and communicate the same to the petitioner. This exercise shall be completed within a period of three weeks from the date of submission of the document. No costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date : 20.06.2014 Note : Issue C.C. in three days.
(B/o) ssp
[1]
2011(3) ALT 415