HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.22030 and 22061 of 2014 Dated : 05.08.2014 W.P.No.22030 of 2014 Between:
M/s. Utkarsha Estates, Office at #324, 3rd Floor, Sanali Mall, Abids Road, Abids, Hyderabad, represented by its partner Mr.Chilukuri Venkata Sitharama Ravi Kumar s/o.late Varaha Venkata Naga Krishna Somayaji, Aged 44 years, r/o.Flat No.401, C-Block, Vishnu Residency, Bakaram, Gandhinagar, Hyderabad.
…. Petitioner And The Government of Andhra Pradesh, rep. by its Principal Secretary, (Revenue-IV, Stamps & Registration Department), L-Block, 7th Floor, A.P. Secretariat, Hyderabad and others.
…. Respondents This Court made the following :
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NOs.22030 and 22061 of 2014 COMMON ORDER :
In both the writ petitions, petitioner is the purchaser of the land to an extent of Ac.0.28 cents in Sy.No.192-8A (W.P.No.22030 of 2014); Ac.0.19 cents in Sy.No.192-6 and Ac.0.10 cents in Sy.No.192-7 (W.P.No.22061 of 2014) of Bhogapuram (West) Panchayat, Bhogapuram Mandal, Viziayanagaram District. Petitioner paid the requisite court fee and when the deed of conveyance was presented before the Sub-Registrar (4th respondent), the Sub-Registrar refused to receive the documents. The said action of the Sub-Registrar in refusing to receive the document is challenged in these writ petitions.
2. Learned counsel for the petitioner submits that irrespective of the status of the land, whenever persons intend to present deed of conveyance, the Sub-Registrar is bound to receive and process the same and cannot be refused to receive at threshold and such action is ex facie illegal. No such power is vested in the Sub-Registrar to refuse the deed of conveyance at threshold.
3. The Indian Registration Act, 1908 do not provide power in the registering authority to refuse the document presented before him at the stage of presentation. Whenever any document is presented for registration, the registering authority has to receive, assign number to the document received and has to process the same in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the registering authority has valid reasons for not agreeing for registration, he shall pass orders under Section 71 of the Indian Registration Act and communicate the reasons for such refusal to the parties. On such receipt of the reasons the person aggrieved can avail remedy of appeal provided under Section 72 of the Indian Registration Act.
4. Having regard to the submissions made and in view of the statutory provision of Indian Registration Act, the action of the Sub-Registrar in refusing to receive the deed of conveyance is held illegal. As a consequence, the Sub-Registrar (4th respondent) is directed to receive and process the deed of conveyance as and when presented by the petitioner in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the Sub-Registrar has valid reasons for not agreeing to register the deed of conveyance, he shall assign reasons and pass an order and communicate the same to the petitioner within three weeks from the date of receipt of copy of this order.
5. Accordingly, the writ petitions are disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in these writ petitions shall stand closed.
JUSTICE P.NAVEEN RAO Date : 05.08.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.22030 & 22061 of 2014 Dated : 05.08.2014 kkm