HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 33072 of 2014 Date : 10.11.2014 Between :
Thogata Rangamma W/o late T Ramudu Sunkesula village, Midthur mandal, Kurnool dist … Petitioner and The Govt of A P Rep by its Principal Secretary, Revenue Dept (Stamps & Registration) Secretariat, Hyderabad and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 33072 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.5.00 cents in Sy.No.295/3 situated at Sunkesula village, Midthur mandal, Kurnool District. Petitioner intended to dispose of the land and a deed of conveyance was drawn and presented before the Sub-Registrar. 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.
However, no evidence is filed in proof of presentation of the deed of conveyance before the Sub Registrar.
5. In view of the above reasons, 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.295/3, Sunkesula village, Midthur mandal, Kurnool, 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. If the Registering Authority is of the opinion that the document cannot be registered, 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. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P NAVEEN RAO,J DATE:10.11.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No. 33072 of 2014
Date : 10.11.2014