IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19077 of 2014 BETWEEN M. Lakshmamma.
AND ... PETITIONER The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and two others.
...RESPONDENTS Counsel for the Petitioner: MR. N. PRAMOD Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following:
ORDER:
Heard.
2. The grievance of the petitioner in this writ petition is that the second respondent, Sub-Registrar, is not receiving the document for registration with respect to petitioner’s land admeasuring Ac.1-58 cents and Ac.1-87 cents in Sy.No.296/1 and 296/3 respectively of Durgasamudram Agraharam, Gudisibanda Revenue Village, Ponganur Mandal, Chittoor District.
3. Petitioner claims title to the said property on the basis of the registered sale deed dated 07.11.2002 bearing document No.2954/2002. Petitioner also states that the aforesaid land is not Government land and there is no notification under Section 22-A of the Registration Act, 1908. In view of that, the action of the second respondent is impugned in this writ petition.
4. The relief sought for in the present writ petition is covered by a Division Bench judgment of this Court, to which I am a party,
[1]
in G. NARASIAH v. STATE OF ANDHRA PRADESH . The same issue was also considered in another decision of this Court in WP.No.17092 of 2014 dated 24.06.2014.
5. Following the aforesaid decisions of this Court, the action of the second respondent, Sub-Registrar, in refusing to entertain the document presented by the petitioner is clearly against law as it is impermissible for the Sub-Registrar to refuse to receive the document presented and process it for registration. The Sub-Registrar shall, therefore, examine the document presented and if found to be in conformity with requirements of the Registration Act and the Rules, register the same or otherwise pass appropriate order on the touchstone of law governing the field. However, if the document presented by the petitioner warrants denial and cannot be admitted to registration, the reasons for refusal shall be communicated to the petitioner.
The writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J July 10, 2014 LMV
[1] 2011 (3) ALT 415 (DB)