THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27660 of 2014 Dated : 17.09.2014 Between:
Sabbavarapu Atchiyamma, W/o. Late Samudram, Aged about 66 yrs, R/o.H.No.1-25, Anthakapalli Village and Post Sabbavaram Mandal, Visakhapatnam District.
.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Stamps & Registration Department, Secretariat, Hyderabad & 3 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27660 of 2014 ORDER :
The petitioner claims to be the owner of land to an extent of Ac.0-20 cents in Survey No.545/8, Anthakapalli Village, Sabbavaram Mandal, Visakhapatnam District and is in possession and enjoyment of the said land. The petitioner intend to dispose of the said land and when approached the Sub-Registrar, Sabbavaram Mandal, Visakhapatnam District (3rd respondent), the 3rd respondent refused to receive the deed of conveyance. Aggrieved thereby this writ petition is instituted.
2. Learned counsel for the petitioner submits that the Sub-Registrar has no authority or competence to refuse to receive the document. He has to receive and process the document in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. However, no proof is filed in support of the contention that the petitioner presented the deed of conveyance before the registering authority who in turn refused to receive the same.
3. Having regard to the said submissions without expressing any opinion on merits, this writ petition is disposed of giving liberty to the petitioner to present the deed of conveyance concerning the property in issue before the Sub-Registrar, Sabbavaram Mandal, Visakhapatnam District (3rd respondent) and as and when such deed of conveyance is presented, the 3rd respondent shall receive and process the same in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the registering authority has valid reason in refusing the document for registration, he shall assign reasons and communicate the same to the petitioner within a period of three weeks from the date of receipt of deed of conveyance. 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 17th September, 2014 Rds