IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31853 of 2014 Between:
Smt. Suhasini, W/o. A.E.J. Nirola, Aged about 40 years, Occ: House Wife, R/o. Hindupur, Anantapur District & 7 others .. Petitioners AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Stamps & Registrations Department, Secretariat, Hyderabad & 8 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31853 of 2014 ORDER:
The case of the petitioners is that when they presented the Deeds of Conveyance in respect of the lands to an extent of Ac. 5.02 cents in Survey No.121-3 of Maluguru Village, Hindupur Mandal, Ac.
1.00 cents, Ac. 1.07 cents, Ac. 3.45 cents and Ac. 2.13 cents in Survey Nos.288-3, 4 and 5 of Moda Panchayat Polam Village, Parigi Mandal, Ac. 4.69 cents in Survey No.477-3B of Konduru Village, Lepakshi Mandal, Ac. 4.96 cents and Ac. 4.96 cents in Survey No.120-3 of Beerrepalli Village, Hindupur Mandal, Ac. 0.47 cents in Survey No.94-10, Ac.
1.46 cents in Survey No.23-4, Ac. 1.53 cents and Ac. 0.39 cents in Survey Nos.97-5 and 8 of Mallinayanahalli Village, Madakasira Mandal, Anantapur District, respectively, before the Sub-Registrar, Hindupur, Anantapur District (8th respondent) and the Sub-Registrar, Madakasira, Anantapur District (9th respondent) for registration, they refused to receive the same. Hence this writ petition.
2. Learned counsel for the petitioners submits that irrespective of the status of the lands, the Sub-Registrars cannot refuse to receive the documents at the threshold. However, no evidence is shown as proof of presentation of documents for registration.
3. Having regard to the aforesaid submissions, this Writ Petition is disposed of granting liberty to the petitioners to present the Deeds of Conveyance before the Sub-Registrar, Hindupur, Anantapur District (8th respondent) and the Sub- Registrar, Madakasira, Anantapur District (9th respondent). As and when such Deeds of Conveyance are presented, the Sub-Registrars shall receive and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. If the Sub-Registrars have valid reasons for refusing to register the Deeds of Conveyance, they shall pass orders under Section 71 of the Registration Act, 1908, and communicate the same to the petitioners within a period of two (2) weeks from the date of receipt of such documents. 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: 24th October, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31853 of 2014 Date: 24th October, 2014 KL