THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.40835 of 2014
Dated : 31.12.2014
Between:
Singampalli Suridemudu, S/o.Senni Babu, Aged 55 yrs, Hindu, Occu : Cultivation, R/o.Moghalipuram. Subbavaram 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.40835 of 2014
ORDER :
The petitioner claims to be the owner and possessor of land in an extent of Ac.0.06 cents in Survey No.197/32-D of Gullapalli Village, Subbavaram Mandal, Visakhapatnam District, having succeeded from his ancestors. The petitioner intended to sell the said property and when approached the Sub-Registrar, Anakapalli, Visakhapatnam (4th respondent), for furnishing the information with regard to valuation of the land, the 4th respondent furnished the information but refused to register the document on the ground that the said property is classified as a Government land.
2. 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.
3. 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 filed in support of the contention that the registering authority refused to receive the document when presented by the petitioner.
4. For the aforesaid reasons, without expressing any opinion on merits on the issue, 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 him in Sy.No.197/32-D of Gullapalli Village, Subbavaram Mandal, Visakhapatnam District, before the Registering Authorities. As and when such document is presented, the Registering Authority shall receive and process the same in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the Registering Authority is of the opinion that the document is otherwise in order, he shall register and release the document. If according to the registering authority, the document cannot be processed for registration he 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 his remedies. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 31st December, 2014
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