THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26116 of 2014
Dated :05.09.2014
Between:
Akkineni Ramesh, S/o Krishna Murthy and another.
…Petitioners And The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad and three others …Respondents HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26116 of 2014 ORDER:
The grievance of the petitioners is that when they presented the document, in respect of land to an extent of 6,768 square meters in Survey No.32/2 (R.S.Nos.156, 157 and 158) of Marripalem Village, Visakhapatnam, for registration as early as in January 2014, the Sub-Registrar, Akkayyapalem (respondent No.3) refused to receive and register the same. Compelled by the said illegal action of the Sub- Registrar, this Writ Petition is instituted.
Learned counsel for the petitioners submits that the action of respondent No.3 in refusing to receive the deed of conveyance presented by the petitioners at the threshold is without jurisdiction and competence. He further submits that no power is vested in respondent No.3 by the Indian Registration Act, 1908 even to refuse the receipt of document presented before him for registration.
However, learned counsel for the petitioners is unable to produce any evidence in support of his contention that when the petitioners presented the document for registration, respondent No.3 refused to receive the same.
Having regard to the above-noted fact, liberty is given to the petitioners to present the deed of conveyance in respect of the above-mentioned property before the Sub-Registrar, Akkayyapalem (respondent No.3). As and when such a document is presented, respondent No.3 shall receive, process and entertain the same. If he has valid reasons for refusing to register the document, he shall pass orders under Section 71 of the Registration Act and communicate the same to the petitioners within a period of two weeks from the date of receipt of such document.
Subject to the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed.
JUSTICE P.NAVEEN RAO
05th September, 2014 Note:
Issue CC in five days. B/o DR