HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27258 of 2014 Date: 22.09.2014 Between :
Smt.Kollam Malavika, W/o.Gangi Reddy, Aged 37 years, Occ: Household, R/o.Jayanagar Colony, Tirupathi, Chittoor District and The Sub Registrar, Rajampet, YSR District and six others … Petitioner … Respondents The Court made the following:
ORDER:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27258 OF 2014 The case of the petitioner is that petitioner intends to dispose of landed property to an extent of Ac.4.20 cents in Survey No.1989/1 of Mannur Village, Pedda Karampally Gram Panchayat, Rajampet Sub Division, Kadapa District. Petitioner claims to have purchased the same property on 06.04.2013 along with four other persons and petitioner with an intention to dispose of the property approached the Sub-Registrar, the petitioner was informed by the Sub-Registrar vide his letter dated 02.08.2014 that in view of letter written by the Inspector of Police, Rajampet Police (Rural Circle), the issue regarding processing of legal constraints are taken up by the higher authorities and when the clarification is received from them proper action will be taken. Aggrieved thereby, this writ petition is instituted.
2. Heard Sri V.Ravi Kiran Rao, counsel for the petitioner and the learned Government Pleader for Revenue and the Government Pleader for Home, representing the respondents 1, 2 and 7 and 3 to 6 respectively.
3. Learned counsel for the petitioner submits that there is no provision in the Indian Registration Act, which prohibits entertainment of deed of conveyance or registration even if the criminal prosecution is taken up against member of the family/ owner of the property. Bar against registration of a deed of conveyance is only with reference to provision in Section 22-A of the Act and the property in this issue is not attracted by the said provision. Learned counsel for the petitioner further submits that the petitioner is no way concerned with the alleged criminal activities of the Kollam Gangi Reddy and that the police have also not imposed any restraints assuming that such restraints can be imposed. Learned counsel submits that the letter dated 10.07.2014 written by the Inspector of Police, Rajmpet Rural Circle, only sought for information of properties standing in the name of Kollam Gangi Reddy, who is alleged to be a most wanted red sandal smuggler, is involved in various criminal cases and competent authority is taking appropriate action to attach properties standing in his name. Therefore, the decision of the Sub-Registrar in deferring the entertainment of deed of conveyance and processing the same is wholly illegal.
4. Government Pleader for Revenue unable to explain under what provision of law the document presented by petitioner is not accepted for registration and letter dated 02.08.2014 is communicated to the petitioner.
5. As seen from the letter of the Inspector of Police dated 08.07.2014, he wanted information on the properties owned by Sri Kollam Gangi Reddy for taking appropriate action.
6. The Registering authority has to act within the four corners of the Registration Act. He cannot refuse to receive a document at the threshold. In the facts of this case, the decision of the Sub- Registrar dated 02.08.2014 postponing the entertainment of the deed of conveyance is wholly illegal. His decision is not in accordance with provisions contained in the Indian Registration Act and Indian Stamp Act, therefore, not sustainable.
7. Accordingly, the writ petition is disposed of directing the Sub-Registrar to receive the deed of conveyance concerning the land to an extent of Ac.4.20 cents in Survey No.1989/1 of Mannur Village, Pedda Karampally Gram Panchayat, Rajampet Sub Division, Kadapa District, presented by the petitioner and process the same in accordance with Indian Registration Act and Indian Stamp Act. If the Sub-Registrar has any other valid reasons for not accepting the document for registration, he shall assign reasons and communicate the same to the petitioner in accordance with Section 71 of Indian Registration Act. Such a decision shall be taken within a period of three (3) weeks from the date of presentation of the document. No order as to costs.
8. As a sequel to the disposal of writ petition, miscellaneous petitions pending if any in this writ petition, shall stand closed.
JUSTICE P. NAVEEN RAO 22.09.2014 Rns HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.27258 of 2014 Date:22.09.2014 Rns