IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22569 of 2014 Between:
Smt. Bhumireddy Eswari, W/o. Sri B. Tatamu Naidu, Aged 35 years, Residing at 25-192, MIG-I/87, Simhapuri Colony, Ramalayam Temple (Near), Vepagunta Village, Visakhapatnam-530 029.
.. Petitioner AND The Sub-Registrar, Gopalapatnam, Visakhapatnam – 27 & another .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22569 of 2014 ORDER:
The grievance of the petitioner is with regard to the action of the Sub-Registrar, Gopalapatnam, Visakhapatnam (1st respondent) in refusing to receive and register the document presented by her in respect of the Plot No.71, measuring 300 square yards in Survey No.151/1C, Sarada Nagar Layout, situated at Vepagunta Village, Penduruthy Mandal, Visakhapatnam District.
2. It is the case of the petitioner that the Sub-Registrar refused to receive the document altogether. In the light of the order of a Division Bench of this Court in [1] G. NARSAIAH Vs. STATE OF ANDHRA PRADESH , it is not open to the registration authorities to deny registration at the threshold by refusing to receive a document. Section 71 of the Registration Act, 1908, enjoins upon the registering authority the duty to indicate the reasons in writing for refusing registration of a document. Without taking recourse to this provision, the registration authorities cannot shut out the document at the initial stage by refusing to receive the same.
3. The Writ Petition is, accordingly, disposed of directing the Sub-Registrar, Gopalapatnam, Visakhapatnam (1st respondent) 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 fulfil 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.
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: 7th August, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22569 of 2014 Date: 7th August, 2014
[1] 2011 (3) ALT 415