THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33558 of 2014 Dated : 10.11.2014 Between:
Jellamudi Udaya Bhaskar S/o.J. Kameswara Rao, Aged about 58 yrs, R/o.Flat No.503, 9-42-9, Maha Lakshmi Towers, Balaji Nagar, Visakhapatnam-03 & another .. Petitioners And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 3 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33558 of 2014 ORDER :
The case of the petitioners is that when they presented the Deed of Conveyance in respect of house site bearing H.No.9-390/5, admeasuring 245 Square yards and 355 Square yards, Sriram Nagar Colony, Plot No.2 & 3, in Survey No.162, Chinnagadili Village & Mandal, Visakhapatnam District, before the Sub-Registrar, Visakhapatnam, Visakhapatnam District (4th respondent) for registration, he refused to receive the same. Hence this writ petition.
2. Learned counsel for the petitioners submits that irrespective of the status of the land, the Sub-Registrar cannot refuse to receive the document at the threshold. However, no evidence is shown as proof of presentation of document for registration.
3. Having regard to the aforesaid submissions, this Writ Petition is disposed of granting liberty to the petitioners to present the Deed of Conveyance before the Sub-Registrar, Visakhapatnam, Visakhapatnam District (4th respondent). 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. If the Sub-Registrar has valid reasons for refusing to register the Deed of Conveyance, he shall pass orders under Section 71 of the Registration Act, 1908, and communicate the same to the petitioners within a period of two (2) weeks from the date of receipt of such document. 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 10th November, 2014
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