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.28559 of 2014 Between:
S. Ahammad Hussain, S/o. Mahammad Saheb, Aged 50 years, Occ: Cultivation, R/o. D.No.1-53, Thimmapuram, Miduturu Mandal, Kurnool District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28559 of 2014 ORDER:
The case of the petitioner is that when he presented the Gift Deed in respect of the agricultural land totally admeasuring Ac. 5.72 cents in Survey No.400 of Parumanchala Village, Jupadu Banblow Mandal, Kurnool District, before the Sub-Registrar, Nandikotkur Town & Mandal, Kurnool District (5th respondent) for registration, he refused to receive the same. Hence this writ petition.
2. Learned counsel for the petitioner submits that irrespective of the status of the land, the Sub-Registrar cannot refuse to receive the document at the threshold. However, no evidence is shown as proof of presentation of document for registration.
3. Having regard to the aforesaid submissions, this Writ Petition is disposed of granting liberty to the petitioner to present the Gift Deed before the Sub-Registrar, Nandikotkur Town & Mandal, Kurnool District (5th respondent). As and when such Gift Deed is presented, the Sub-Registrar shall receive and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. If the Sub-Registrar has valid reasons for refusing to register the Gift Deed, he shall pass orders under Section 71 of the Registration Act, 1908, and communicate the same to the petitioner within a period of two (2) weeks from the date of receipt of such 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: 23rd September, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28559 of 2014 Date: 23rd September, 2014 KL