THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26029 of 2014
Dated :05.09.2014
Between:
Boddu Venkata Appala Satyam Narayana Chandra Sekhar, S/o Sri Venmkata Ramana And two others.
…Petitioners And The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad and another.
.. Respondents HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26029 of 2014
ORDER:
The grievance of the petitioners is with regard to the action of the Sub-Registrar, Gopalapatnam, Visakhapatnam (respondent No.2) in refusing to receive and register the documents, i.e., the agreements of sale, dated 23.08.2014, 23.08.2014 and 23.08.2014, presented by them in respect of land measuring 300 square yards, comprising of Plot Nos.60, 62 and 63, respectively, in Patta No.42 in Survey No.151/1C, Sarada Nagar Layout, situated at Vepagaunta Village, Penduruthy Mandal, Greater Visakhapatnam Municipal Corporation, Gopalapatnam S.R.O. Limits, Visakhapatnam District.
2. It is the case of the petitioners that the Sub-
Registrar refused to receive the documents altogether. In the light of the judgment of a Division Bench of this Court in G.NARSAIAH Vs. STATE OF ANDHRA
[1]
PRADESH , it is not open to the registration authorities to deny registration at the threshold by refusing to receive the documents.
3. Section 71 of the Indian Registration Act, 1908, enjoins upon the registering authority the duty to indicate the reasons in writing for refusing to register 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.
4. The Writ Petition is, accordingly, disposed of directing the Sub-Registrar, Gopalapatnam, Visakhapatnam (respondent No.2) to receive and process the documents presented by the petitioners in respect of the subject land. In the event, the said documents are found to fullfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar shall complete the registration formalities and release the documents 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.
JUSTICE P.NAVEEN RAO
05th September 2014 DR
[1] 2011(3) ALT 415