The Hon’ble Sri Justice C.V. Nagarjuna Reddy Writ Petition No.39060 of 2014 Dated: 19.12.2014 Between:
K.Muni Reddy ..
Petitioner and The State of A.P., rep. by its Prl.Secretary, Revenue (Stamps & Registration) Dept., Hyderabad and 4 others.
..
Respondents Counsel for the petitioner: Mr.N.Subba Rao Counsel for the respondents: AGP for Revenue (AP) The court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.4 in not receiving the document presented by the petitioner for registration in respect of the lands admeasuring Ac.1- 05 cents and Acs.2.81 cents situated in Survey Nos.2260/3H and 2260/6 respectively of Damalacheruvu Village, Pakala Mandal, Chittoor District, as illegal and arbitrary.
Mr.N.Subba Rao, learned Counsel for the petitioner, submitted that the above-mentioned lands are private Patta lands as evident from the entries in the Register of Holdings for Damalacheruvu Village from 1918 to 1954, which has described the subject lands as covered by Patta No.1138 and that there are multiple registered sale transactions in respect of the same. He has, however, submitted that despite the existence of strong material to show that the subject lands are Patta lands, respondent No.4 has been insisting on production of the Patta Certificate.
In my opinion, respondent No.4 is bound to receive the document sought to be presented by the petitioner for registration under Section 71 of the Registration Act, 1908 (for short ‘the Act’), and take appropriate decision as to its registration or otherwise. In the event he decides to refuse to register the document sought to be presented by the petitioner, he shall record the reasons therefor by passing an order in writing under Section 71 of the Act.
In view of the same, respondent No.4 is directed to entertain the sale deed sought to be presented by the petitioner for registration and take a decision thereon based on the material that may be submitted by the petitioner. If respondent No.4 feels that the said document cannot be registered, he shall pass an order giving reasons therefor and communicate the same to the petitioner within two weeks from the date of receipt of the document. If the petitioner feels aggrieved by the said order, he is entitled to file an appeal under Section 72 of the Act to the District Registrar.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.No.48957 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 19th December, 2014
LUR