HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30102 of 2014 DATED :09.10.2014 Between:
Kolli Srinivas S/o.Kolli Guruvulu, Aged about 50 yrs, Occu : Agriculture, R/o. D.No.28-9-61/3, Surya Bagh, Visakhapatnam Urban, Visakhapatnam & another .. Petitioners AND Government of Andhra Pradesh, Rep. by its Principal Secretary-Revenue, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30102 of 2014 ORDER:
The petitioners claim to be the owners and possessors of an extent of Ac.40-00 of land in Survey No.47/2 of Thimmayapalem Village, Darsi Mandal, Prakasam District. The land belongs to the family of the petitioners and they are in possession and enjoyment. The petitioners intend to register the said land and when approached the Sub-Registrar, Darsi, Prakasam District (2nd respondent) for presenting the Deed of Conveyance, the Sub-Registrar refused to receive the Deed of Conveyance. Aggrieved thereby, this writ petition is instituted.
2. As evident from the pleadings in the writ petition, the grievance of the petitioners is confined to the action of the Sub-Registrar in refusing to receive the Deed of Conveyance at the threshold.
3. Learned counsel for the petitioners contends that the Sub-Registrar has no authority or competence to refuse to receive a Deed of Conveyance presented before him. He has to act within the four corners of the Registration Act, 1908, and only after receiving, while processing the Deed of Conveyance if the document does not meet the requirements, he can pass appropriate orders under Section 71 of the Registration Act, 1908, and communicate the reasons for refusing to register the document to the parties.
4. Having regard to the limited submission made in this writ petition, the Writ Petition is disposed of directing the Sub-Registrar, Darsi, Prakasam District (2nd respondent), to receive the Deed of Conveyance as and when presented and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. If the Sub-Registrar is of the opinion that the documents presented before him cannot be registered, he shall assign due reasons and communicate the same to the parties within a period of three (3) weeks from the date of presentation of the documents. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J 09th October, 2014 Rds HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.29971 & 30020 of 2014 Date: 8th October, 2014 KL