WP/26865/2006 of Sri Kanumur Subba Raju, Vs The joint Sub Registrar, on 27 December 2006

ORDER:

The petitioners allegedly purchased land admeasuring Acs.4.28cents in R.S.Nos.140/4 to 140/12 situated at Chinagadila Village (nowcalled Visalakshinagar) in Visakhapatnam Rural Mandal under twoagreements of sale executed by their vendors on 14.09.2006. Whenthey presented the documents for registration before the respondent,who though initially received the documents, kept the same pendingwithout any valid reason. Aggrieved by the same, instant writ petitionis filed.

Heard learned counsel for the petitioners and learned AssistantGovernment Pleader for Revenue (General-A). It is no doubt true thatwhen a document is presented, it is incumbent on the part of theRegistering Officer to examine the same with reference to Sections 31and 36 of the Registration Act, 1908 (the Act, for brevity) and/or Rules26 and 58 of the Andhra Pradesh Rules under the Act. This aspect ofthe matter was considered by my learned brother Hon’ble Sri JusticeA.Gopal Reddy in W.P.No.15199 of 2004 dated 01.09.2004.

Following the above, this writ petition is disposed of directing therespondent or any other Registering Officer to accept the documentspresented by the petitioners and to consider the same for registration. Be it noted, if for any reason, the documents presented are notregistered, it is incumbent on the part of the Registering Officer torecord and furnish reasons under Section 71 of the Act. Eventhereafter, if the petitioners have any grievance, they may file appealbefore the appellate authority i.e., District Registrar under Section 72 ofthe Act. Thereafter, if any adverse order is passed by the AppellateAuthority, the petitioners can file suit under Section 77 of the Act. Nocosts.

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(V.V.S.RAO, J)