IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33706 of 2014 Between:
Dronavajjula Suryanarayna Murthy, S/o. Rama Murthy, Aged about 43-18-4A, B.S.N. Colony, Visakhapatnam, Visakhapatnam District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Dept. (Registration), Secretariat Buildings, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33706 of 2014 ORDER:
The petitioner claims to be the owner of house bearing No.5- 241, admeasuring 400.5 square yards in R.S.No.272/1A, situated at Avanigadda, Krishna District. The case of the petitioner is that the said property is an ancestral property devolved on his father and after the death of father, he succeeded. The petitioner intended to dispose of the same property and entered into an Agreement of Sale on 31.12.2012 with prospective purchaser and when went to the Sub-Registrar, Avanigadda Mandal, Krishna District (2nd respondent) to register the Deed of Conveyance, the Sub-Registrar refused to receive the Deed of Conveyance.
2. Learned counsel for the petitioner submits that it is illegal on the part of the Sub-Registrar to receive and process the Deed of Conveyance at the threshold. However, no material is filed in support of the contention that the Deed of Conveyance was presented before the Sub-Registrar, but he refused to receive.
3. Having regard to the same, the Writ Petition is disposed of granting liberty to the petitioner to present the Deed of Conveyance before the Sub-Registrar, Avanigadda Mandal, Krishna District (2nd respondent) and as and when such Deed of Conveyance is presented, the Sub-Registrar shall receive and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899, and if the Sub-Registrar is not agreeable for registration of the document, he shall assign due reasons and communicate the decision to the petitioner within a period of three (3) weeks from the date of receipt of such 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: 11th November, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33706 of 2014 Date: 11th November, 2014 KL