THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29257 of 2014 Dated : 20.10.2014 Between:
Palem Ankanna S/o.Kesaiah, Aged about 74 yrs, R/o.Harijanawada, Gudur Viullage, Kadapa (Rural), Kadapa District & 2 others And The State of Andhra Pradesh, Rep., by District Collector, Kadapa & another .. Petitioners .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29257 of 2014 ORDER :
The petitioners 1 and 2 are the brother and sister and petitioner No.3 is the brother’s daughter of petitioners 1 and 2. All of them constitute joint family. The joint family own property to an extent of Ac.1-49 cents in Survey No.462/A/4 of Guduru Village. They intend to partition the joint family property and to that extent a deed of partition is drawn. The document was presented on 22.07.2014 before the Joint Sub-Registrar, Kadapa Rural, Kadapa (2nd respondent), the document was received and assigned document P.No.118 of 2014. Neither the document is registered nor the reasons for refusing to register the same is communicated to the petitioners.
2. Learned counsel for the petitioners contend that it being a partition deed, no objection can be raised with reference to the status of the land. Even if the assignment is made the family members depending on the assignee are entitled to enjoy the property and divide the property among themselves.
3. Learned counsel placed reliance on the memo No.G1/1249.2012 dated 29.01.2014 issued by the Commissioner and Inspector General, Stamps and Registration, for clarification with reference to the partition deed, which only requires production of pattedar pass books and title deeds. He further contends that it is not valid on the part of the 2nd respondent to keep the document pending for more than five months.
4. Having regard to the submissions made, without expressing any opinion on merits, this writ petition is disposed of directing the Joint Sub- Registrar-4, Kadapa Rural, Kadapa District (2nd respondent) to process the partition deed bearing P.No.118 of 2014 in accordance with the Indian Registration Act 1908. If the document satisfies the requirement of Registration Act, the 2nd respondent shall register and release the document. However, if the 2nd respondent is of the opinion that the document cannot be registered, he shall duly assign reasons and communicate the same to the petitioners within a period of three (3) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
5. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO,J Date : 20.10.2014 Rds