WP/27197/2006 of A. Ramachandra Raju S/o Pola Raju Vs The District Registrar, on 29 December 2006

ORDER:

HON’BLE SRI JUSTICE V.V.S.RAOWRIT PETITION No.27197 of 2006

The petitioner is a resident of Naiduthota, Vepagunta Post,Visakhapatnam District. The petitioner alleges that he is in possession ofland admeasuring 460 square yards, which fell to his share due to partitionin between his family members who purchased the land admeasuringAc.0.60 cents in Survey No.193/1 of Vepagunta Village from Dasari PeddiNaidu and two others. It is his case that as he is in urgent need of moneyand intended to sell his land, and approached the second respondent forexecution of certain documents of conveyance. It is further alleged that thesecond respondent refused to register the said documents on the groundthat it is a Government land, aggrieved by which, the present Writ Petition isfiled.

Heard the learned Counsel for the petitioner and the learnedAssistant Government Pleader for Revenue (General). It is no doubt truethat when a document is presented, it is incumbent on the part of theRegistering Officer to examine the same with reference to Sections 31 to 36of the Registration Act, 1908 (the Act, for brevity) and/or Rules 26 and 58 ofthe Andhra Pradesh Rules under the Act. This aspect of the matter wasconsidered by my learned brother Hon’ble Sri Justice A.Gopal Reddy inW.P.No.15199 of 2004, dated 01.09.2004.

Following the above, this Writ Petition is disposed of directing thesecond respondent or any other Registering Officer to accept the documentpresented by the petitioner and consider for registration. Be it noted, if forany reason, the document presented is not registered, it is incumbent on the part of the Registering Officer to record and furnish reasons under Section71 of the Act. Even thereafter, if the petitioner has any grievance, he mayfile appeal before the Appellate Authority under Section 72 of the Act. Thereafter, if any adverse order is passed by the Appellate Authority, thepetitioner can file a suit under Section 77 of the Act. No costs.

29.12.2006Note: Issue C.C in one week.B/o. vs ____________(V.V.S.RAO, J)