IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31421 of 2014 Between:
Maddi Prasanthi, W/o.M. Rajendra Teja, Aged about 40 years, Occ: Business & Cultivation, R/o. Singarayakonda Village, Singaraykonda Mandal, Prakasam District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat Buildings, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31421 of 2014 ORDER:
The grievance of the petitioner necessitating institution of the writ petition is that she owns house property admeasuring 480 square yards in Survey No.500/H of Singarayakonda Village, Singarayakonda Mandal, Prakasam District. The petitioner intend to dispose of the said property for personal reasons and when approached the Sub-Registrar, Singarayakonda, Prakasam District (3rd respondent), he refused to receive the Deed of Conveyance.
2. Learned counsel for the petitioner contends that it is illegal on the part of the Sub-Registrar to refuse to receive the Deed of Conveyance presented before him. Such action of the Sub-Registrar is ex facie illegal without competence. There is no such provision in the Registration Act, 1908, which enables the Sub-Registrar to refuse to receive the document presented before him.
3. As per the provisions of the Registration Act, 1908, the Sub-Registrar is entitled to raise objections while processing the Deed of Conveyance presented before him, but there is no provision of prior scrutiny of a document proposed for presentation at the threshold. Thus, the action of the Sub-Registrar, as alleged by the petitioner, in refusing to receive the Deed of Conveyance is erroneous.
4. Having regard to the submissions made, the Writ Petition is disposed of, without expressing any opinion on merits, directing the Sub-Registrar, Singarayakonda, Prakasam District (3rd respondent) to receive the Deed of Conveyance as and when presented and process in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. It is open to the Sub-Registrar to refuse to register the document by assigning due reasons and communicating 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: 20th October, 2014 Note: Issue C.C. in three (3) days. (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31421 of 2014 Date: 20th October, 2014 KL