THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26699 of 2014 Dated : 11.09.2014 Between:
Sankarapu Venkata Siva Ram, S/o.Sankarapu Subba Rao, Aged about 32 yrs, R/o.4th Lane, Gopalanagaram, Ongole town, Prakasam District, State of A.P. & others .. Petitioners And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Stamps and Registration), Secretariat, Hyderabad and 4 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26699 of 2014 ORDER :
The petitioners claim to be the owners of the land to an extent of Ac.2-66 cents in Survey No.70 of Ongole Town, Prakasam District. The petitioners intend to sell the said land and when approached the Joint Sub-Registrar, Ongole Town, Prakasam District (5th respondent), the 5th respondent refused to receive the deed of conveyance. Hence, this writ petition.
2. Learned counsel for the petitioners contend that the registering authority cannot refuse to receive the deed of conveyance at the threshold. No such power is vested in him by the Indian Registration Act, 1908. It is the bounden duty of the registering authority to receive and process the deed of conveyance in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899. At the stage of processing of the document, if the registering authority has valid objection in its registration, he shall assign reasons and pass orders and therefore, cannot refuse to receive the document.
3. As evident from the pleadings in the affidavit filed in support of the writ petition, no material is placed in support of the contention that the deed of conveyance was presented before the registering authority.
4. Having regard to the said submission the Writ Petition is disposed of giving liberty to the petitioners to present the deed of conveyance before the Joint Sub-Registrar, Ongole, Prakasam District (5th respondent) and as and when such deed of conveyance is presented, he 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 decision to the petitioners within a period of three weeks from the date of receipt of deed of conveyance. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
11th September, 2014 Note : Issue C.C. by 15.09.2014 B/o.
Rds P.NAVEEN RAO,J