HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.24546 OF 2014 Date: 06.12.2014 Between :
Anantha Vishwa Prasad, s/o. Anantha Lakshmaiah Setty, Aged about 38 years, occu:Agriculture, R/o.H.No.28-47, Near I Town Police Station, Kurnool Town, Kurnool District.
….. Petitioner And Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat Buildings, Hyderabad and others.
….. Respondents This Court made the following:-
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.24546 of 2014 ORDER:
Though on 26.08.2014 notice was issued returnable in three weeks, so far no counter is filed.
2. The short issue in this writ petition is, when petitioner presented deed of conveyance to an extent of Ac.4.00 cents in Sy.No.54/B of Pedapadu Village, Kallur Mandal, Kurnool District, the Sub-Registrar passed an order of refusal dated 05.07.2014. The Sub-Registrar vaguely refers the reason for rejection as ‘this survey no. is noted under Section 22-A of Registration Act of A.P.’ No reasons are assigned as to when the petitioner’s property is included in the prohibited list and there is no reference to notification issued or any other proceedings whereby the Sub-Registrar was informed that the document in respect of the said property cannot be received for registration since it is prohibited. The order of refusal is very vague and does not contain any reason for refusal. Since the decision taken by the Sub-Registrar adversely affects the right of a party for registration of alienation of the property, it is incumbent upon Sub- Registrar to assign reasons in detail for refusing to register the document in accordance with the provisions contained in the Indian Registration Act, 1908 and Stamp Act, 1899 and the Rules made there under.
3. Having regard to the fact that no detailed reasons are assigned for rejecting the document for registration except referring as ‘noted under Section 22-A’, matter is remitted to the Sub-Registrar. Sub- Registrar is directed to process the document in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899 and if the document cannot be registered, he shall assign detailed reasons as to why the document cannot be registered and communicate the same to the party within a period of two weeks from the date of receipt of a copy of this Order. The writ petition is accordingly allowed. There shall be no order as to costs.
Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 06.12.2014 Kkm HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.24546 OF 2014 Date: 06.12.2014 kkm