THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35390 of 2014 Dated : 21.11.2014 Between:
Villa Srinivasarao S/o.Villa Satyanarayana Murthy, Aged about 54 yrs, R/o.D.No.58-20-28/4, APSEB Colony, Buchrajupalem, Visakhapatnam-27 .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Stamps & Registration, Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35390 of 2014 ORDER :
The petitioner claims to be an agreement holder from the absolute owner of land to an extent of Ac.8-00 in Survey No.275/1D of Adavivaram Village, Chinnagadili Mandal, Visakhapatnam District. The Maharaja of Vizianagaram Empire, through his Estate Collector, issued patta No.248 on 20.07.1945. The said property was devolved on the owner through a Will executed on 03.10.1989. The grievance of the petitioner necessitating to institute this writ petition is that the Sub-Registrar-7, Gopalapatnam, Visakhapatnam District (2nd respondent) is not entertaining the deed of conveyance presented by the petitioner.
2. Learned Counsel for the petitioner contends that the 2nd respondent has no competence to refuse to receive the document presented before him at the threshold. He can raise objection for registration only after the document is received and processed in accordance with the Indian Registration Act and Indian Stamp Act. However, no proof of presentation of the document is shown by the petitioner.
3. Having regard to the submissions made, without expressing any opinion on merits, this writ petition is disposed of giving liberty to the petitioner to present the deed of conveyance in the above said property before the 2nd respondent. As and when such document is presented, the 2nd respondent shall receive and process the same in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the 2nd respondent is of the opinion that the document cannot be registered, he shall assign reasons and communicate the same to the petitioner. Such decision shall be taken within a period of three (03) weeks from the date of receipt of the document/documents presented by the petitioner. There shall be no order as to costs.
4. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
P.NAVEEN RAO,J 21st November, 2014 Note : Issue C.C. in two days B/o.
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