THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30074 of 2014 Dated : 09.10.2014 Between:
N. Shafiq Ahmed S/o.N.M.Rasheed Ahmed, Aged 43 yrs, Occu : Business, R/o.H.No.32/539, Baker Katta Street, Kurnool City, Andhra Pradesh .. Petitioner And The Collector & District Magistrate, Kurnool, Kurnool District, Andhra Pradesh. & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30074 of 2014 ORDER :
The limited grievance of the petitioner in this writ petition is the Rectification deed sought to be presented by the petitioner is not being received by the Sub-Registrar, Kurnool, Kurnool District (3rd respondent). Hence, this writ petition.
Learned counsel for the petitioner submits that no such power vests with the registering authority to refuse to receive the document presented even at the threshold and he has to receive and process according to the provisions of the Indian Registration Act, 1908, and the Indian Stamp Act, 1899.
Having regard to the limited grievance urged before this Court the writ petition is disposed of directing the Sub-Registrar, Kurnool, Kurnool District (3rd respondent) to receive the Rectification deed relating to registration of sale deed dated 31.12.2008 and as and when such document is presented by the petitioner, he shall process the same in accordance with Indian Registration Act, 1908 and the Indian Stamp Act, 1899. If the 3rd respondent is not agreeable for registering the document, he shall assign due reasons for such refusal and communicate the same to the petitioner within a period of three weeks from the date of receipt of the document presented by him. 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 09th October, 2014 Note : Issue C.C. in two days B/o. Rds