Telangana High Court
WP/41275/2014 of Vadde Narasimhappa, S/o. Narasappa, 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.41275 of 2014 Between: Vadde Narasimhappa, S/o. Narasappa, Aged about
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:
Vadde Narasimhappa, S/o. Narasappa,Aged about 58 years, Occ: Agriculture,R/o. Muddalakuntapalli Village, Gorantla Mandal,Anantapuram District & 3 others
.. Petitioners
AND
The State of Andhra Pradesh,Rep. by its Principal Secretary,Stamps and Registration Department,Secretariat, Hyderabad & 4 others ..
Respondents
The Court made the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
Heard the learned counsel for the petitioners and thelearned Government Pleader for Revenue.
2. The plea of the petitioners is that they are theowners of land to an extent of Ac. 4.79 cents in Survey No.406-2 of the 1[st] petitioner, Ac. 4.45 cents in Survey No.773-10 of the2[nd] petitioner, Ac. 12.20 cents in Survey No.403-2E of the 3[rd]petitioner and Ac. 3.93 cents in Survey No.853-5 of the 4[th]petitioner, situated at Gownivaripalli Village, Gorantla Mandal,Anantapuram District. Petitioners intend to dispose of the saidproperty and Deeds of Conveyance were drawn and presentedbefore the Sub-Registrar, Chilamathur, Anantapuram District(5[th] respondent). But the Sub-Registrar is refusing to registerthe said documents.
3. Learned counsel for the petitioners submitted thatthe Sub-Registrar cannot refuse the Deeds of Conveyancepresented before him at the threshold and such decision of theSub-Registrar is without jurisdiction and competence.
4. The Registering Authority has to act in accordance with 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 documents when presented by thepetitioners.
5. For the aforesaid reasons, without expressing anyopinion on merits on the issue, the Writ Petition is disposed ofgiving liberty to the petitioners to present the Deeds ofConveyance with regard to the properties claimed to have beenowned by them in Survey Nos.406-2, 773-10, 403-2E and 853-5,situated at Gownivaripalli Village, Gorantla Mandal,Anantapuram District, before the Registering Authorities. Asand when such documents are 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 documentsare otherwise in order, he shall register and release thedocuments. If, according to the registering authority, thedocuments cannot be processed for registration, he shall assigndue reasons, pass an order and communicate the same to the petitioners under Section 71 of the Registration Act, 1908. Insuch an event, the petitioners are entitled to work out theirremedies. Such exercise shall be completed by the Sub-Registrar, Chilamathur, Anantapuram 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