HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.22614 of 2014
Between:
Smt. Vechalapu Perantalu w/o. Ramakrishna, Aged 33 years, Residing at D.No.3-209, Adarsh Nagar, 6th Lane, Old Diary Firm, Visakhapatnam.
AND The Sub-Registrar, Gopalpatnam, Visakhapatnam-27 and another.
.. Petitioner .. Respondents
The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22614 of 2014 ORDER:
The grievance of the petitioner is with regard to the action of the Sub-Registrar, Gopalpatnam, Visakhapatnam (1st respondent) in refusing to receive and register the document presented by her in respect of the Plot No.72, measuring 200 square yards in Sy.No.151/1C, Sarada Nagar Layout, situated at Vepagunta Village, Penduruthy Mandal, Visakhapatnam District.
2. It is the case of the petitioner that the Sub-Registrar refused to receive the document altogether. In the light of the order of a Division Bench of this Court in G. NARSAIAH Vs. STATE
[1]
OF ANDHRA PRADESH , it is not open to the registration authorities to deny registration at the threshold by refusing to receive a document. Section 71 of the Registration Act, 1908, enjoins upon the registering authority the duty to indicate the reasons in writing for refusing registration of a document. Without taking recourse to this provision, the registration authorities cannot shut out the document at the initial stage by refusing to receive the same.
3. The Writ Petition is, accordingly, disposed of directing the Sub-Registrar, Gopalpatnam, Visakhapatnam (1st respondent) to receive and process the document presented by the petitioner in respect of the subject land. In the event the said document is found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar shall complete the registration formalities and release the document in accordance with the due procedure. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date: 08.08.2014
kkm
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.22614 of 2014
Date: 08.08.2014 kkm
[1]
2011 (3) ALT 415