THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36819 of 2014 Dated : 02.12.2014 Between:
M. Sreenivasulu S/o.M. Sanjanna, Aged 48 yrs, Occu : Agriculture, R/o.H.No.78-117-1, Krishna Nagar, Kurnool Town, Kurnool District, A.P. and another .. Petitioners And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat Buildings, Hyderabad, & 3 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36819 of 2014 ORDER :
Heard learned counsel for the petitioners and learned Government Pleader for Revenue.
2. The plea of the petitioners is that they are the owners of land to an extent of Ac.2.00 in Sy.No.170/A2 situated at Nandikotkur Village Fields, Nandikotkur Mandal, Kurnool District. Petitioners 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 petitioners 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 petitioners.
5. For the aforesaid reasons, without expressing any opinion on merits on the issue, the Writ Petition is disposed of giving liberty to the petitioners to present the deed of conveyance with regard to the property claimed to have been owned by them in Sy.No.170/A2 situated at Nandikotkur Village Fields, Nandikotkur Mandal, 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 petitioners are entitled to work out their remedies. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
2nd December, 2014
Rds
P.NAVEEN RAO,J