Telangana High Court

WP/34643/2012 of Uggina Venkatachalam, Vs The Sub Registrar of Assurances, on 31 December 2012

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SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.34643 of 2012 Dated 31st December, 2012 Between: Uggina Venkatachalam …Petitioner and The Sub-Registrar of Assurances, Bhogapuram, Vizianagaram District …Respondents Counsel for the petitioner: Sri K.Rathanga Pani Reddy

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDYWrit Petition No.34643 of 2012

Between:

Dated 31stDecember, 2012

Uggina Venkatachalam

and

…Petitioner

The Sub-Registrar of Assurances, Bhogapuram, Vizianagaram District …Respondents Counsel for the petitioner: Sri K.Rathanga Pani ReddyCounsel for the respondent: GP for Revenue The Court made the following:

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ORDER:

This writ petition is filed for a mandamus to declare the action ofthe respondent in not registering the documents presented by thepetitioner in respect of land admeasuring Ac.1.00 each in SurveyNos.409-1 and 438-1 respectively of Boghapuram Village and Mandal,Vizianagaram District as illegal and arbitrary.

It is the pleaded case of the petitioner that the above-mentionedland was purchased by his father from Kommuru Appadu Dora Trust,Bhogapuram through its registered GPA holder and sole trustee, AkulaSanthi Gnaneswara Rao, for a valuable consideration by way of aregistered irrevocable possessory sale agreement, dated 27.06.2007. That on the demise of his father, the property devolved on him, that heintended to sell a part of the said property and that when heapproached the respondent for receiving the document for registration,he straight away returned the document without assigning anyreasons.

At the hearing, the learned Government Pleader for Revenuesubmitted that if the petitioner presents the document for registration, the respondent will receive the same and take appropriate action interms of Section 71 of the Registration Act, 1908 (for short ‘theRegistration Act’).

Having regard to this submission, the writ petition is disposed ofwith the direction to the respondent to receive the document(s) thatmay be presented by the petitioner and process the same inaccordance with the provisions of the Registration Act and the IndianStamp Act, 1899 (for short ‘the Stamp Act’). If the respondent finds noobjection for registration of the document, he shall register the samesubject to the petitioner complying with the provisions of theRegistration Act and the Stamp Act. Conversely, he shall pass anorder assigning reasons for his refusal to register the document andcommunicate the same to the petitioner within a period of two weeksfrom the date of presentation of the document. If the petitioner feelsaggrieved by such order, he shall be free to file an appeal underSection 72 of the Registration Act.

As a sequel to disposal of the writ petition, W.P.M.P.No.44027of 2012 shall stand disposed of as infructuous.

C.V.NAGARJUNA REDDY, J31[st] December, 2012VGB31[st] December, 2012VGB

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