Telangana High Court
WP/40992/2014 of L.Nagi Reddy 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.40992 of 2014 Between: L. Nagi Reddy, S/o. Maddileti Reddy, Aged 50
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:
L. Nagi Reddy,S/o. Maddileti Reddy,Aged 50 years, Occ: Agriculture,R/o. Nandanapalli Village,Kurnool Mandal, Kurnool District.
.. Petitioner
AND
The State of Andhra Pradesh,Rep. by its Principal Secretary,Revenue Department (Stamps & Registration),Secretariat Buildings, Hyderabad & 2 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 is the owner ofhouse site plot to an extent of Ac. 0.05 cents in Survey No.230,situated at Nandanapalli Fields, Kurnool Sub-Division, KurnoolDistrict. Petitioner intend to dispose of the said property and aDeed of Conveyance was drawn and presented before the Joint Sub-Registrar, Kurnool, Kurnool District (3[rd] respondent).But the Joint Sub-Registrar is refusing to register the saiddocument.
3. Learned counsel for petitioner submitted that theJoint Sub-Registrar cannot refuse the Deed of Conveyancepresented before him at the threshold and such decision of theJoint Sub-Registrar is without 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 aDeed of Conveyance presented before it and process the samein 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 deed of conveyance at the thresholdis without competence and jurisdiction. However, no proof isfiled in support of the contention that the registering authorityrefused to receive the document when presented by thepetitioner.
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 Deed ofConveyance with regard to the property claimed to have beenowned by him in Survey No.230, situated at NandanapalliFields, Kurnool Sub-Division, Kurnool District, before theRegistering Authorities. As and when such document ispresented, 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 document is otherwise in order, he shall registerand release the document. If according to the registeringauthority, the document cannot be processed for registration heshall assign due reasons, pass an order and communicate thesame to the petitioner under Section 71 of the Registration Act,1908. In such an event, the petitioner is entitled to work out hisremedies. Such exercise shall be completed by the Joint Sub- Registrar, Kurnool, Kurnool District (3[rd] respondent) within aperiod of three (3) weeks from the date of presentation of thedocument. There shall be no order as to costs. Miscellaneouspetitions, 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