THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35998 of 2014 Dated : 26.11.2014 Between:
Seelam Ramakrishnamma, W/o.Late Seelam Ranganna, Aged 50 yrs, Occu : Housewife, H.No.3-20, Hussainapuram Village, Orvakal Mandal, Kurnool District.
.. Petitioner And The State of Andhra Pradesh, Rep., by its Secretary, Revenue Department (Stamps & Registration), Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35998 of 2014 ORDER :
Heard learned counsel for the petitioner and learned Government Pleader for Revenue.
2. The plea of the petitioner is that she is the owner of land to an extent of Ac.1.58 cents in Sy.No.175/A1, Ac.0.92 cents in Sy.No.178/1, Ac.1.59 cents in Sy.No.175/A1 and Ac.0.91 cents in Sy.No.178/1, total to an extent of Ac.5.00 situated at Hussainapuram Village, Orvakal Mandal, Kurnool District. Petitioner intended to dispose of the said lands and a deed of conveyance was drawn and presented before the Sub-Registrar, Orvakal, Kurnool District. But the Sub-Registrar is refusing to register the said document.
3. Learned counsel for petitioner submitted that the Sub-Registrar cannot refuse the deed of conveyance presented before him at the threshold and such decision of the Sub- Registrar is without jurisdiction and competence.
4. The Registering Authority has to act in accordance with the provisions contained in Indian Registration Act, 1908 and Indian Stamp Act, 1899. The Indian Registration Act, 1908, envisages the power on the Registering Authority to receive a deed of conveyance presented before it and process the same in accordance with the provisions of Indian Registration Act, 1908 and the Indian Stamp Act, 1899, and if there are any valid reasons for refusing such registration, the Registering Authority should assign reasons, pass an order and communicate the same to the party under Section 71 of the Indian Registration Act, 1908. Thus, the refusal of deed of conveyance at the threshold is without competence and jurisdiction. However, no proof is shown in support of the contention that deed of conveyance was not received by the Registering Authority when it was presented.
5. Having regard to the same, without expressing any opinion on the issue involved, the Writ Petition is disposed of giving liberty to the petitioner to present the deed of conveyance with regard to the property claimed to have been owned by her in Sy.No.175/A1 and Sy.No.178/1, before the Registering Authority, and as and when such document is presented, the Registering Authority shall receive and process the same in accordance with law, register and release the same. If the Registering Authority is of the opinion that the document cannot be registered, it shall assign due reasons, pass an order and communicate the same to the party under Section 71 of the Indian Registration Act, 1908. In such an event, the petitioner is entitled to work out her remedies. There shall be no order as to costs.
6. As a sequel, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO,J 26th November, 2014 Rds