IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28564 of 2014 Between:
Panchada Srinivas, S/o. Panchada Appala Naidu, Aged 39 years, Residing at Tekkalipalem Post and Village, Sabbavaram Mandal, Visakhapatnam District - 531 035 & 2 others .. Petitioners AND Government of Andhra Pradesh, Rep. by its Secretary, Revenue, Secretariat, Hyderabad & another .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28564 of 2014 ORDER:
The grievance of the petitioners is with regard to the action of the Sub-Registrar, Gopalapatnam, Visakhapatnam (2nd respondent) in refusing to receive and register the documents presented by them in respect of the land admeasuring 550 square yards in Platta No.42 in Survey No.151/3A, Sarada Nagar Layout, situated at Vepagunta Village, Penduruthy Mandal, Visakhapatnam District.
2. It is the case of the petitioners that the Sub-Registrar refused to receive the documents altogether. In the light of the order of a Division Bench of this Court in G.NARSAIAH [1] Vs. STATE OF ANDHRA PRADESH , it is not open to the registration authorities to deny registration at the threshold by refusing to receive a document. Section 71 of the Registration Act, 1908, enjoins upon the registering authority the duty to indicate the reasons in writing for refusing registration of a document. Without taking recourse to this provision, the registration authorities cannot shut out the document at the initial stage by refusing to receive the same.
3. The Writ Petition is, accordingly, disposed of directing the Sub-Registrar, Gopalapatnam, Visakhapatnam (2nd respondent) to receive and process the documents presented by the petitioners in respect of the subject land. In the event the said documents are found to fulfil the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, the Sub-Registrar shall complete the registration formalities and release the documents in accordance with the due procedure. 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: 23rd September, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28564 of 2014 Date: 23rd September, 2014 KL
[1] 2011 (3) ALT 415