THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27334 of 2014 Dated : 17.09.2014 Between:
C. Padmavathi W/o. Venkatapathi, Aged about 46 yrs, Occu : Housewife, R/o.H.No.87-1114, Balaji Nagar, Kurnool Town, Kurnool District .. Petitioner And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat Buildings, Hyderabad & 3 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27334 of 2014 ORDER :
The petitioner avers that she is the owner of land to an extent of Ac.3-00 cents in Survey No.104/B of Pulugeellakuntachenu, Kalva Gram Panchayat, Kalva Village lands, Orvakal Mandal, Orvakal Sub-Division, Kurnool District. The petitioner states that she purchased the said property on 09.06.2008 and as the vendor of the petitioner acquired title to the property therefore, she has also acquired valid title and is in possession and enjoyment. The petitioner intended to dispose of the said land and when approached the Sub-Registrar, Orvakal, Orvakal Mandal, Kurnool District (4th respondent), the 4th respondent refused to receive the deed of conveyance. Aggrieved thereby this writ petition is instituted.
2. Learned counsel for the petitioner submits that the registering Authority has no authority or competent to refuse to receive the document. He has to receive and process the document in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. However, no proof is filed in support of the contention that the petitioner presented the deed of conveyance before the registering authority who in turn refused to receive the same.
3. Having regard to the said submissions without expressing any opinion on merits, this writ petition is disposed of giving liberty to the petitioner to present the deed of conveyance concerning the property in issue before the Sub-Registrar, Orvakal Mandal, Kurnool District (4th respondent) and as and when such deed of conveyance is presented, he shall receive and process the same in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the registering authority has valid reason in refusing the document for registration, he shall assign reasons and communicate the same to the petitioner within a period of three weeks from the date of receipt of deed of conveyance. There shall be no order as to costs.
4. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 17th September, 2014 Rds