Telangana High Court
WP/36625/2014 of P.Mastan Reddy S/o. P.Pulla Reddy Vs The State of Andhra Pradesh rep. by its Secretary, on 30 December 2014
P.NAVEEN RAO WRIT PETITION No.36625 of 2014 ORDER: The petitioner claims to be the owner of land to an extent of Ac.484.16 sq.yards in Survey No.593 situated at Bandapalli Angallu Village Kurubalakota Mandal Chittoor District. 2. The petitioner stated that he purchased the said property under
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ORDER:
The petitioner claims to be the owner of land to an extent of Ac.484.16sq.yards in Survey No.593 situated at Bandapalli Angallu VillageKurubalakota Mandal Chittoor District.
2. The petitioner stated that he purchased the said property under aregistered sale deed bearing document No.3253 of 2013 dated 15.04.2013and that his vendor purchased the said extent of property by two separatesale deeds dated 12.10.2010. The petitioner is in need of money and hence,he intend to mortgage the said property to obtain loan. When the petitionerapproached the Sub-registrar to furnish the market value details, he informedthat no registration of document would be entertained in Survey No.593 ofBandapalli Angallu Village, Kurubalakonda Mandal, Chittoor District.
3. Learned counsel for the petitioner submits that irrespective of thestatus of the land, the Sub-Registrar cannot refuse to receive the document atthe threshold.
4. However, no material is filed before the Court to show that thepetitioner, in fact, requested the respondent to furnish information or sought toregister the document. Learned counsel for the petitioner contends that themortgage deed is prepared and he intends to present the same.
5. Having regard to the aforesaid submissions, this Writ Petition isdisposed of at the admission stage, granting liberty to the petitioner to presentthe mortgage deed before the Sub-Registrar. As and when such deed is presented, the Sub-Registrar shall receive and process the same inaccordance with Registration Act, 1908 and the Indian Stamp Act, 1899. If theSub-Registrar has valid reasons for refusing to register the mortgage deed,he shall pass orders under Section 71 of the Registration Act andcommunicate the same to the petitioner within a period of two weeks from thedate of receipt of such documents. No costs.
6. Miscellaneous Petitions, if any, pending in this writ petition shallstand closed.
_____________________JUSTICE P.NAVEEN RAO
Date: 30.12.2014kvrm
HON’BLE SRI JUSTICE P.NAVEEN RAO
kvrm
WRIT PETITION No.36625 of 2014
Date: 30.12.2014