THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18766 of 2014 Dated : 20.09.2014 Between:
V. Karunamma, W/o. Late V. Swamy Das, Aged about 76 yrs, Occu : Housewife, H.No.49-50A-82, Sriram Nagar, Kurnool, Kurnool District .. Petitioner And The Government of Andhra Pradesh, Rep., by its Principal Secretary (Revenue), Secretariat Buildings, Hyderabad & 3 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18766 of 2014 ORDER :
The petitioner claims to be the owner and is in possession of Ac.3.00 cents of land in Survey No.14 of Veepanagandla Village, Midthur Mandal, Kurnool District. The land originally stood in the name of her husband and it was his ancestral property. During partition Ac.3-00 of land was fallen to the share of her husband and subsequently, the land was registered in her name on 17.07.1969. The petitioner intended to dispose of the said property. The grievance of the petitioner is that when she approached the Sub-Registrar, Nandikotkur, Kurnool District (4th respondent) for entertaining the sale deed, the 4th respondent refused to furnish the market value and registration charges and did not agree for registration of the document.
2. As evident from the pleadings, and as submitted by the learned counsel for the petitioner, the limited grievance of the petitioner is that the 4th respondent refused to receive the document and such refusal is contrary to the provisions of the Indian Registration Act. Learned counsel further submitted that the Sub-Registrar, has no power or authority to refuse to receive the document even at the threshold. Such action is illegal. However, no proof is filed in support of the contention that a document was presented before the Sub-Registrar and the same was not received by him.
3. Having regard to the submissions made, without expressing any opinion on merits, the writ petition is disposed of giving liberty to the petitioner to present the deed of conveyance on the property claimed to be owned by her and as and when such document is presented, the Sub-Registrar, Nandikotkur, Kurnool District (4th respondent) shall receive and process the same in accordance with Indian Registration Act, 1908, and the Indian Stamp Act, 1899. If the 4th respondent is not agreeable for registration of the document, he shall pass orders as warranted by law and communicate the decision to the petitioner within a period of three weeks from the date of receipt of such document. There shall be no order as to costs.
4. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 20th September, 2014
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