THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38420 of 2014 Dated : 15.12.2014 Between:
Maddamma W/o.Chinna Ayyanna, Aged about 50 yrs, Occu : Housewife, R/o.2/12, Madagampeta, Lakshmipuram Village & Post, Kallur Mandal, Kurnool District .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Stamps & Registration Department, Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38420 of 2014 ORDER :
The case of the petitioner is that she is the owner and is in possession of the land admeasuring Ac.4.16 cents in Survey No.738 of Lakshmipuram Village, Kallur Mandal, Kurnool District. The petitioner claimed to have purchased the said property on 10.04.1995 and the title has been validly passed on to her. The petitioner intend to dispose of the said property and having received the sale consideration, presented the deed of conveyance on 24.11.2014. But the Sub-Registrar, Kallur, Kurnool District (2nd respondent), refused to receive and process the document and informed orally that the land is included in the list of prohibited properties and therefore, cannot be processed.
2. Learned Counsel for the petitioner contends that the 2nd respondent has no authority or competence to refuse to receive the document presented before him and the action of the 3rd respondent in refusing to register the document is illegal. As per the provisions of the Registration Act, whenever a deed of conveyance is presented before the Sub-Registrar, he has to receive and process the same in accordance with the Indian Registration Act and Indian Stamp Act. Therefore, contends that this writ petition is filed challenging the action of the Sub-Registrar, in refusing to receive the document as erroneous. However, no proof is filed in support of the said contention.
3. Having regard to the same, the writ petition is disposed of giving liberty to the petitioner to present the deed of conveyance before the Sub-Registrar, Kallur, Kurnool District. As and when such document is presented, the Sub-Registrar shall receive and process the same, in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the Sub-Registrar is of the opinion that the document cannot be registered, he shall assign due reasons and communicate the same to the parties under Section 71 of the Registration Act. It is open to the petitioner to work out her remedies, as and when such decision is communicated. There shall be no order as to costs.
4. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO,J 15th December, 2014
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