WP/40835/2014 of Singampalli Suridemudu Vs The State of Andhra Pradesh, Rep. by its Principal Secretary on 31 December 2014

ORDER:

The petitioner claims to be the owner and possessor of land in anextent of Ac.0.06 cents in Survey No.197/32-D of Gullapalli Village,Subbavaram Mandal, Visakhapatnam District, having succeeded from hisancestors. The petitioner intended to sell the said property and whenapproached the Sub-Registrar, Anakapalli, Visakhapatnam (4[th]respondent), for furnishing the information with regard to valuation of theland, the 4[th] respondent furnished the information but refused to register thedocument on the ground that the said property is classified as a Governmentland.

2. Learned counsel for petitioner submitted that the Sub-Registrar cannotrefuse the deed of conveyance presented before him at the threshold andsuch decision of the Sub-Registrar is without jurisdiction and competence.3. The Registering Authority has to act in accordance with the provisionscontained in Indian Registration Act, 1908 and Indian Stamp Act, 1899. TheIndian Registration Act, 1908, envisages the power on the RegisteringAuthority to receive a deed of conveyance presented before it and processthe same in accordance with the provisions of Indian Registration Act, 1908and the Indian Stamp Act, 1899, and if there are any valid reasons forrefusing such registration, the Registering Authority should assign reasons,pass an order and communicate the same to the party under Section 71 ofthe Indian Registration Act, 1908. Thus, the refusal of deed of conveyanceat the threshold is without competence and jurisdiction. However, no proofis filed in support of the contention that the registering authority refused to receive the document when presented by the petitioner.

4. For the aforesaid reasons, without expressing any opinion on meritson the issue, the Writ Petition is disposed of giving liberty to the petitioner topresent the deed of conveyance with regard to the property claimed to havebeen owned by him in Sy.No.197/32-D of Gullapalli Village, SubbavaramMandal, Visakhapatnam District, before the Registering Authorities. As andwhen such document is presented, the Registering Authority shall receiveand process the same in accordance with Indian Registration Act, 1908 andIndian Stamp Act, 1899. If the Registering Authority is of the opinion that thedocument is otherwise in order, he shall register and release the document. If according to the registering authority, the document cannot be processedfor registration he shall assign due reasons, pass an order andcommunicate the same to the party under Section 71 of the IndianRegistration Act, 1908. In such an event, the petitioner is entitled to work outhis remedies. There shall be no order as to costs.

5. Miscellaneous petitions, if any, pending in this writ petition, shall standclosed.

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P.NAVEEN RAO,J

31[st] December, 2014Rds