WP/26048/2006 of Ch. Sudha Rani W/o Ch. V.R.R. Vara Prasad, Vs The District Registrar Ranga Reddy District, on 29 December 2006

ORDER:

The petitioner is allegedly purchased house site bearing plot No.152, admeasuring500 Sq.yards in survey No.17 of Mansurabad Village of Saroornagar Mandal inRanga Reddy District from A.Madhusudhana Rao. The same was presented forregistration before the second respondent allegedly in conformity with theRegistration Act, 1908 (the Act, for brevity) and A.P. Rules under the Act (the Rulesfor brevity). The same was not registered. Therefore, the present writ petition is filed.

Learned Counsel for the petitioner submits that vendor of the petitioner purchasedland from Cosmopolitan Cooperative Housing Society Limited (Society, for brevity).The said society filed a suit being O.S. No.294 of 2000 on the file of the Court of theIV Additional Senior Civil Judge (FTC), Ranga Reddy District, for declaration of titleand perpetual injunction, against the Government of Andhra Pradesh. The suit wasdecreed on 04.4.2006 but no appeal is filed. He also submits that when the saledeed was not registered, the petitioner submitted a representation dated 11.10.2006enclosing a copy of the judgment of the Civil Court, in vain.

At the stage of admission itself, learned Assistant Government Pleader for Revenue(General-T) obtained instructions. He submits that as the vendor of the petitionerpurchased the property from the Society, which obtained decree from Civil Court, thematter is enquired into to know whether any appeal is filed by the Government ornot. Secondly, he submits that when the second respondent was ready to pass anorder under Section 71 of the Act giving reasons for not registering the documentpresented, the petitioner herself requested the second respondent not to pass anyorder and, therefore, the same is kept pending as document No.P/318/06.

Generally, when a document is presented for registration, the Registering Authoritymay have to conduct enquiry. Such enquiry is limited to certain aspects mentionedin the provisions of the Act and the Rules. If the document cannot be registered, theRegistering Authority has to reject the same or keep it pending recording reasons.Such reasons have to be furnished on a request made by the person presenting thedocument for registration. Even when – may due to pending litigation; the persons requests not to pass any orders the Registering Authority is bound to ignore suchrequest and pass orders. Therefore, the second respondent should immediatelypass an order recording reasons for keeping the document pending/not registering,and if a request is made for furnishing reasons, the same may be furnished to thepetitioner. This writ petition is wholly misconceived. No direction can be granted tothe second respondent to register the document when there is civil dispute betweenthe Government and vendor of the petitioner’s vendor.

The writ petition, with the above observations, is accordingly dismissed. No costs.

_____________

December 29, 2006. (V.V.S.RAO,J)

YS