IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29072 of 2014 Between:
L. Mohan Naidu, S/o. Late Reddeppa Naidu, Aged 42 years, Occ: Private Employee, R/o. Door No.18-3-60/15, Shanthi Nagar, K.T. Road, Tirupati, Chittoor District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Registration) Department, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29072 of 2014 ORDER:
The petitioner claims to be the owner of land to an extent of Ac. 0.24 ½ cents in Survey No.303/1, situated at Tiruchanur Village, Tirupati Rural Mandal, Chittoor District. The case of the petitioner is that he was granted ryotwari patta and he is the owner and in possession and enjoyment of the said property. The petitioner intend to dispose of the said property and when approached the Sub-Registrar, Renigunta, Chittoor District (3rd respondent), the Sub-Registrar refused to receive the Deed of Conveyance.
2. Learned counsel for the petitioner submits that the Sub-Registrar has no authority or competence to reject the Deed of Conveyance at the threshold. He has to receive and process in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899, and if he has valid reasons for not admitting the document for registration, he has to pass appropriate orders as per Section 71 of the Registration Act, 1908. No proof is filed in support of the contention that the document was presented for registration.
3. Having regard to the assertions of the learned counsel for the petitioner, without expressing any opinion on merits, the Writ Petition is disposed of giving liberty to the petitioner to present the Deed of Conveyance before the Sub-Registrar, Renigunta, Chittoor District (3rd 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 is of the opinion that the document cannot be admitted for registration, he shall assign due reasons and communicate the same to the petitioner. Such exercise shall be completed within a period of three (3) weeks from the date of presentation of the 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: 26th September, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29072 of 2014 Date: 26th September, 2014 KL