Telangana High Court

WP/41316/2014 of Ala Meri , Eshwaramma, w/o. Ala Venkata Subbaiah Vs The State of Andhra Pradesh, on 31 December 2014

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COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.41316 of 2014 Between: Ala Meri @ Eshwaramma, W/o. Ala Venkata

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OFANDHRA PRADESH

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOURTEEN

Present

Between:

Ala Meri @ Eshwaramma,W/o. Ala Venkata Subbaiah,Aged about 40 years, Occ: House wife,R/o. Door No.1-90, Pothuru,Old Guntur, Guntur City.

.. Petitioner

AND

The State of Andhra Pradesh,Rep. by its Principal Secretary,Stamps & Registration Department,Secretariat Buildings, Hyderabad & 4 others ..

Respondents

The Court made the following:

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ORDER:

Heard the learned counsel for the petitioner and thelearned Government Pleader for Revenue.

2. The plea of the petitioner is that she purchasedproperty bearing D.No.302, to an extent of Ac. 0.90 cents,situated at Chowdavaram Revenue Village, Guntur Municipality,Guntur District. When the petitioner presented a documentbefore the Sub-Registrar-I, Prathipadu, Guntur District (5[th]respondent), the Sub-Registrar-I refused to register the saiddocument.

3. Learned counsel for petitioner submitted that theSub-Registrar cannot refuse the document presented before himat the threshold and such decision of the Sub-Registrar iswithout jurisdiction and competence.

4. The Registering Authority has to act in accordancewith the provisions contained in the Registration Act, 1908, andthe Indian Stamp Act, 1899. The Registration Act, 1908,envisages the power on the Registering Authority to receive adocument presented before it and process the same in accordance with the provisions of the Registration Act, 1908,and the Indian Stamp Act, 1899, and if there are any validreasons for refusing such registration, the Registering Authorityshould assign reasons, pass an order and communicate thesame to the party under Section 71 of the Registration Act,1908. Thus, the refusal of document at the threshold is withoutcompetence and jurisdiction. However, no proof is filed insupport of the contention that the registering authority refused toreceive the document when presented by the petitioner.

5. For the aforesaid reasons, without expressing anyopinion on merits on the issue, the Writ Petition is disposed ofgiving liberty to the petitioner to present the document withregard to the property claimed to have been owned by her inD.No.302, situated at Chowdavaram Revenue Village, GunturMunicipality, Guntur District, before the Registering Authorities. As and when such document is presented, the RegisteringAuthority shall receive and process the same in accordancewith the Registration Act, 1908, and the Indian Stamp Act, 1899. If the Registering Authority is of the opinion that the documentis otherwise in order, he shall register and release thedocument. If according to the registering authority, thedocument cannot be processed for registration he shall assigndue reasons, pass an order and communicate the same to thepetitioner under Section 71 of the Registration Act, 1908. Insuch an event, the petitioner is entitled to work out hisremedies. Such exercise shall be completed by the Sub-Registrar-I, Prathipadu, Guntur District (5[th] respondent) within aperiod of three (3) weeks from the date of presentation of thedocument. 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: 31[st] December, 2014

KL

Date: 31[st] December, 2014

KL

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