IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.31826 of 2014
Between:
B. Saraswathi, W/o.B. Srinivasulu Naidu, Aged about 50 years, R/o. K.T. Road, Tirupathi, Chittoor District & another .. Petitioners AND The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department (Registration), Secretariat, Hyderabad & 3 others .. Respondents
The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31826 of 2014
ORDER:
Land of Ac. 26.00 cents in Survey No.74/7 of Akkarampalli Village belonging to the Government of Andhra Pradesh was alienated by Tirupathi Urban Development Authority (for short, ‘TUDA’) vide orders in G.O.Ms.No.942 Revenue (Assignments-IV) Department, dated 19.09.1989. TUDA paid the costs to the Government and possession was taken over. This land was handed over by the TUDA to the A.P. Industrial Infrastructure Corporation Limited (for short, ‘APIIC’) for the purpose of establishment of Auto Nagar. The APIIC divided the land into plots and allotted the plots to different persons. The father of the second petitioner purchased Plot No.296, which was registered on 12.08.2013 vide Document No.3981 of 2013. The father of the second petitioner died on 09.10.2014. The first petitioner is the wife of the deceased and the second petitioner is the son. With an intention to dispose of the said property, when the petitioners approached the Registrar, Balaji Registration Office, Tirupathi, Chittoor District (4th respondent), the 4th respondent refused to receive and process the Deed of Conveyance. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioners submits that the only grievance of the petitioners that the 4th respondent is not receiving and processing the Deed of Conveyance on Plot No.296 in Survey No.74/7 and such action of the 4th respondent is illegal. Learned counsel for the petitioners submits that the Registration Act, 1908, does not provide for refusal to receive the document presented before the Registrar at the threshold. He has to receive and process the document in accordance with the Registration Act, 1908. However, no material is shown in support of the contention that the document was presented but was refused.
3. Having regard to the submissions made, the Writ Petition is disposed of giving liberty to the petitioners to present the Deed of Conveyance on Plot No.296 in Survey No.74/4 of Industrial Park, Auto Nagar, Tirupathi, before the Registrar, Balaji Registration Office, Tirupathi, Chittoor District (4th respondent) and as and when such a document is presented, the 4th respondent shall receive and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. If the registering authority has any justification for not registering the document, he shall assign reasons and furnish the same to the petitioner. The decision to that extent shall be given to the petitioner within a period of three (3) weeks from the date of submission of the document. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 24th October, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.31826 of 2014
Date: 24th October, 2014 KL