THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37816 of 2014 Dated : 09.12.2014 Between:
M. Naga Bazar, S/o.Dastagiri, Aged 46 yrs, Occu : Agriculturist, R/o.Tadakanapalli Village, Kallur Mandal, Kurnool District.
.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37816 of 2014 ORDER :
Heard learned counsel for the petitioner and learned Government Pleader for Revenue.
2. The plea of the petitioner is that he is the owner of land to an extent of Ac.4.06 cents in Sy.No.1192/2 situated at Nannooru Village, Orvakal Mandal, Kurnool Division, Kurnool District. Petitioner intended to dispose of the said land and a deed of conveyance was drawn and presented before the Sub-Registrar. But the Sub-Registrar is refusing to register the said document.
3. Learned counsel for petitioner submitted that the Sub-Registrar cannot refuse the deed of conveyance presented before him at the threshold and such decision of the Sub-Registrar is without jurisdiction and competence.
4. The Registering Authority has to act in accordance with the provisions contained in Indian Registration Act, 1908 and Indian Stamp Act, 1899. The Indian Registration Act, 1908, envisages the power on the Registering Authority to receive a deed of conveyance presented before it and process the same in accordance with the provisions of Indian Registration Act, 1908 and the Indian Stamp Act, 1899, and if there are any valid reasons for refusing such registration, the Registering Authority should assign reasons, pass an order and communicate the same to the party under Section 71 of the Indian Registration Act, 1908. Thus, the refusal of deed of conveyance at the threshold is without competence and jurisdiction. However, no proof is filed in support of the contention that the registering authority refused to receive the document when presented by the petitioner.
5. For the aforesaid reasons, without expressing any opinion on merits on the issue, the Writ Petition is disposed of giving liberty to the petitioner to present the deed of conveyance with regard to the property claimed to have been owned by him in Sy.No.1192/2 situated at Nannooru Village, Orvakal Mandal, Kurnool Division, Kurnool District, before the Registering Authorities. As and when such document is presented, the Registering Authority shall receive and process the same in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the Registering Authority is of the opinion that the document is otherwise in order, he shall register and release the document. If according to the registering authority, the document cannot be processed for registration he shall assign due reasons, pass an order and communicate the same to the parties under Section 71 of the Indian Registration Act, 1908. In such an event, the petitioner is entitled to work out his remedies. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 9th December, 2014
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