Telangana High Court

WP/26800/2006 of Kalavapudi Venkatachari S/o LAte K.L.V. Narasimhachacharyulu Vs Government of Andhra Pradesh, repby its Secretary, on 26 December 2006

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SRI JUSTICE V.V.S.RAO WRIT PETITION No.26800 of 2006 Dated: 26.12.2006 Between: Kalavapudi Venkatachari. ..... PETITIONER AND The Government of Andhra Pradesh, rep. by its Secretary, Hyderabad, and another. .....RESPONDENTS THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.26800 of

THE HON'BLE SRI JUSTICE V.V.S.RAO

WRIT PETITION No.26800 of 2006

Dated: 26.12.2006

Between:

Kalavapudi Venkatachari.

AND

..... PETITIONER

The Government of Andhra Pradesh, rep. by its Secretary,Hyderabad, and another.

.....RESPONDENTS

THE HON’BLE SRI JUSTICE V.V.S. RAOWRIT PETITION No.26800 of 2006

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ORDER:

The petitioner is allegedly owner of plot No.224-B admeasuring254.17 sq. yards in survey Nos.53/3, 54/3, 54/4 and 55/2 situated atPothinamallayyapalem of Visakhapatnam Rural Mandal inVisakhapatnam District, having purchased the same from Y.Satyanarayana under a registered sale deed dated 01.11.2004. He,intending to sell the land to one Vudumudi Sobhakumari, received a partof sale consideration, and on 26.10.2006 entered into an agreement withher. When the document was presented before the second respondent,he refused to receive and register the same. Aggrieved by the same,instant writ petition is filed.

Heard the learned counsel for the petitioner and the learnedAssistant Government Pleader for Revenue (General-A). It is no doubttrue that when a document is presented, it is incumbent on the part of theRegistering Officer to examine the same with reference to Sections 31and 36 of the Registration Act, 1908 (the Act, for brevity) and/or Rules 26and 58 of the Andhra Pradesh Rules under the Act. This aspect of thematter was considered by my learned brother Hon’ble Sri JusticeA.Gopal Reddy in W.P.No.15199 of 2004 dated 01.09.2004.

Following the above, this writ petition is disposed of directingrespondent No.2 or any other Registering Officer to accept the documentpresented by the petitioner and to consider the same for registration. Beit noted, if for any reason, the document presented is not registered, it isincumbent on the part of the Registering Officer to record and furnishreasons under Section 71 of the Act. Even thereafter, if the petitionerhas any grievance, they may file an appeal before the AppellateAuthority i.e., District Registrar under Section 72 of the Act. Thereafter, ifany adverse order is passed by the Appellate Authority, the petitionercan file suit under Section 77 of the Act. No costs.

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(V.V.S.RAO, J)

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