Telangana High Court

WP/40554/2014 of P.Palakonda Reddy Vs The State of Andhra Pradesh, on 31 December 2014

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SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.40554 of 2014 Dated : 31.12.2014 Between: P. Palakonda Reddy S/o.Balasubba Reddy, Age 45 yrs, R/o.Flat No.502, Brundavan Residency, A Camp, Kurnool, Kurnool District. .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.40554 of2014

Dated : 31.12.2014

Between:

P. Palakonda Reddy S/o.Balasubba Reddy,Age 45 yrs, R/o.Flat No.502, Brundavan Residency,A Camp, Kurnool, Kurnool District.

.. Petitioner

And

The State of Andhra Pradesh,Rep., by its Principal Secretary,Revenue (Stamps & Registration) Department,Secretariat Buildings, Hyderabad & another

.. Respondents

This Court made the following :

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.40554 of 2014

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ORDER:

The petitioner claims to have purchased house bearing No.42/1C1,in an extent of Ac.466.66 Square yards, 42[nd] street, in Survey No.140/5 &140/2A of Kurnool Municipal Corporation, from one P.Soloman theauthorised person of the Kurnool Baptist Sangham and the said Solomanhas executed sale deed and when the petitioner presented the said saledeed, before the Joint Sub-Registrar-I, RO.(O.B.), Kurnool, Kurnool, District(2[nd] respondent) the 2[nd] respondent refused to entertain the document onthe ground that the said property is classified as a Christian property.

2. Learned counsel for petitioner submitted that the Sub-Registrar cannotrefuse the deed of conveyance presented before him at the threshold andsuch decision of the Sub-Registrar is without jurisdiction and competence.

3. The Registering Authority has to act in accordance with the provisionscontained in Indian Registration Act, 1908 and Indian Stamp Act, 1899. TheIndian Registration Act, 1908, envisages the power on the RegisteringAuthority to receive a deed of conveyance presented before it and processthe same in accordance with the provisions of Indian Registration Act, 1908and the Indian Stamp Act, 1899, and if there are any valid reasons forrefusing such registration, the Registering Authority should assign reasons,pass an order and communicate the same to the party under Section 71 ofthe Indian Registration Act, 1908. Thus, the refusal of deed of conveyanceat the threshold is without competence and jurisdiction. However, no proofis filed in support of the contention that the registering authority refused toreceive the document when presented by the petitioner.

4. For the aforesaid reasons, without expressing any opinion on meritson the issue, the Writ Petition is disposed of giving liberty to the petitioner topresent the deed of conveyance with regard to the property claimed to havebeen owned by him in Sy.No.140/5 and 140/2A of Kurnool Municipal Corporation, Kurnool District, before the Registering Authorities. As andwhen such document is presented, the Registering Authority shall receiveand process the same in accordance with Indian Registration Act, 1908 andIndian Stamp Act, 1899. If the Registering Authority is of the opinion that thedocument is otherwise in order, he shall register and release the document. If according to the registering authority, the document cannot be processedfor registration he shall assign due reasons, pass an order andcommunicate the same to the party under Section 71 of the IndianRegistration Act, 1908. In such an event, the petitioner is entitled to work outhis remedies. There shall be no order as to costs.

5. Miscellaneous petitions, if any, pending in this writ petition, shall standclosed.

__________________ P.NAVEEN RAO,J

31[st] December, 2014RdsRds

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