IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29971 of 2014 Between:
Natakam Sudhakar, S/o. Natakam Subbaiah, Aged 54 years, Occ: Agriculture, R/o. D.No.25-2-1013, Ummareddy Gunta, Vinayakswamy Temple, Bhaktavatsal Nagar, Kondayapalem, SPR Nellore District & another .. Petitioners AND Government of Andhra Pradesh, Rep. by its Principal Secretary Revenue, Secretariat, Hyderabad & 3 others .. Respondents AND WRIT PETITION No.30020 of 2014 Between:
Natakam Yashodhamma, W/o. Natakam Sudhakar, Aged 49 years, Occ: Housewife, R/o. D.No.25-2-1013, Unmareddy gunta, Vinayakswamy Temple, Bhaktavatsal Nagar, Kondayapalem, SPR Nellore District.
.. Petitioner AND Government of Andhra Pradesh, Rep. by its Principal Secretary Revenue, Secretariat, Hyderabad & 3 others The Court made the following:
.. Respondents HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.29971 & 30020 of 2014 COMMON ORDER:
The petitioners claim to be the owners of different extents of land in Survey No.47/3 of Thimmayapalem Village, Darsi Mandal, Prakasam District. The lands belong to the family of the petitioners and they are in possession and enjoyment. The petitioners intend to dispose of the said land and when approached the Sub-Registrar, Darsi, Prakasam District (2nd respondent) for presenting the Deeds of Conveyance, the Sub-Registrar refused to receive the Deeds of Conveyance. Aggrieved thereby, these writ petitions are instituted.
2. As evident from the pleadings in both the writ petitions, the grievance of the petitioners is confined to the action of the Sub-Registrar in refusing to receive the Deeds of Conveyance at the threshold.
3. Learned counsel for the petitioners contends that the Sub-Registrar has no authority or competence to refuse to receive a Deed of Conveyance presented before him. He has to act within the four corners of the Registration Act, 1908, and only after receiving, while processing the Deed of Conveyance if the document does not meet the requirements, he can pass appropriate orders under Section 71 of the Registration Act, 1908, and communicate the reasons for refusing to register the document to the parties.
4. Having regard to the limited submission made in these writ petitions, the Writ Petitions are disposed of directing the Sub-Registrar, Darsi, Prakasam District (2nd respondent), to receive the Deeds of Conveyance as and when presented and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. If the Sub-Registrar is of the opinion that the documents presented before him cannot be registered, he shall assign due reasons and communicate the same to the parties within a period of three (3) weeks from the date of presentation of the documents. 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: 8th October, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.29971 & 30020 of 2014 Date: 8th October, 2014 KL