THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23521 of 2014 Dated : 19.09.2014 Between:
VNV-GEV Housing, a partnership firm, Registered under the provisions of the Indian Partnership Act, 1932 being rep., by its Managing Partner Sri Veeramachaneni Ajay Kumar S/o. Ranga Prasad, and the firm having its Registered Office at #8-45-14/1, 4th Lane, Vidyanagar, Pedawaltair, Visakhapatnam .. Petitioner And The State of Andhra Pradesh, rep., by The Chief Secretary (Revenue), A.P. Secretariat, Hyderabad & 3 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23521 of 2014 ORDER :
The petitioner firm is the developer of land covered by Survey No.380/1 of Madhurawada Village of Visakhapatnam District. The petitioner entered into a Development agreement with General Power of Attorney and the same was registered as Document No.518 of 2010 dated 15.02.2010. The petitioner firm developed the land into residential Apartment complex consisting of ground plus 9 upper floors after obtaining due permission from the GVMC.
2. Learned counsel for the petitioner submits that when the deeds of conveyance are sought to be presented by the petitioner in favour of the persons who purchased the residential flats, the registering authority has raised an objection and refused to receive the document. Learned counsel for the petitioner also submits that recently some of the flats in the same residential complex were registered and no objection was raised at that time. For the first time, now the said objection is raised. However no proof is filed in support of the contention that the documents are presented for registration, but the registering authority refused to receive the same.
3. Though sufficient time is granted, learned Government Pleader is unable to make submissions since no instructions are furnished and specifically states that the officers are not furnishing instructions.
4. Having regard to the submissions made, the writ petition is disposed of giving liberty to the petitioner to present the deeds of conveyance regarding residential flats in the above property and as and when such deeds of conveyance are presented, the Joint Sub-Registrar, Madhurawada, Visakhapatnam (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 of the opinion that the documents cannot be registered, he shall assign reasons for such denial and communicate the same to the petitioner within a period of three (3) weeks from the date of receipt of such document. If the petitioner is aggrieved by the orders passed by the registering authority, he shall work out his remedies. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 19th September, 2014 Rds