IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25383 of 2014 Between:
Y. Venkatesulu, S/o. Y. Narayanappa, Age: 52 years, Occ: Cultivation, R/o. Kodikonda Check Post, H/o. Koduru Village, Morampalli Post, Chilamattur Mandal, Anantapur District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25383 of 2014 ORDER:
The case of the petitioner is that originally agricultural land to an extent of Ac. 2.56 cents and Ac. 7.32 cents in Survey No.
70-4 of Palasamudram Village of Gorantla Mandal, Anantapur District, is assigned in the year 1929 and since then, the original assignee and thereafter, the legal heirs are in possession and enjoyment of the land. The petitioner submits that due to family necessity, the owners of the subject land expressed their willingness to sell the above land and accordingly, the petitioner entered into an Agreement of Sale in respect of the above land. When the petitioner presented the Agreement of Sale before the Sub-Registrar, Chilamathur, Anantapur District (4th respondent) for registration, he refused to receive the same. Hence this writ petition.
2. Learned counsel for the petitioner submits that irrespective of the status of the land, the Sub-Registrar cannot refuse to receive the document at the threshold. However, no evidence is shown as proof of presentation of document for registration.
3. Having regard to the aforesaid submissions, this Writ Petition is disposed of granting liberty to the petitioner to present the Agreement of Sale before the Sub-Registrar, Chilamathur, Anantapur District (4th respondent). As and when such Agreement of Sale is presented, the Sub-Registrar shall receive and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. If the Sub-Registrar has valid reasons for refusing to register the Agreement of Sale, he shall pass orders under Section 71 of the Registration Act, 1908, and communicate the same to the petitioner within a period of two (2) weeks from the date of receipt of such document. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 2nd September, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25383 of 2014 Date: 2nd September, 2014 KL