Telangana High Court
WP/41315/2014 of Ala Venkata Subbaiah, S/o. Ala Appa Rao, Vs The State of Andhra Pradesh, on 31 December 2014
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.41315 of 2014 Between: Ala Venkata Subbaiah, S/o. Ala Appa Rao, Aged
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 Venkata Subbaiah,S/o. Ala Appa Rao,Aged about 45 years, Occ: Business,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 he purchasedproperty bearing D.No.63/2 to an extent of Ac. 1.03 cents andD.No.63/3 to an extent of Ac. 0.44 cents (total extent of Ac. 1.47 cents), situated at Chowdavaram Revenue Village,Guntur Municipality, Guntur District. When the petitionerpresented documents before the Sub-Registrar-I, Prathipadu,Guntur District (5[th] respondent), the Sub-Registrar-I refused toregister the said documents.
3. Learned counsel for petitioner submitted that theSub-Registrar cannot refuse the documents presented beforehim at 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 a document presented before it and process the same inaccordance 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 documents withregard to the property claimed to have been owned by him inD.Nos.63/2 and 63/3, situated at Chowdavaram RevenueVillage, Guntur Municipality, Guntur District, before theRegistering Authorities. As and when such documents arepresented, the Registering Authority shall receive and processthe same in accordance with the Registration Act, 1908, and theIndian Stamp Act, 1899. If the Registering Authority is of theopinion that the documents are otherwise in order, he shallregister and release the documents. If, according to theregistering authority, the documents cannot be processed forregistration, he shall assign due reasons, pass an order andcommunicate the same to the petitioner under Section 71 of theRegistration Act, 1908. In such an event, the petitioner isentitled to work out his remedies. Such exercise shall becompleted by the Sub-Registrar-I, Prathipadu, Guntur District (5[th] respondent)
within a period of three (3) weeks from the date of presentationof the documents. 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