Telangana High Court
WP/40931/2014 of D.Ramachandra 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.40931 of 2014 Between: D. Ramachandra Reddy, S/o. Late D. Gali Reddy,
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:
D. Ramachandra Reddy,S/o. Late D. Gali Reddy,Aged 86 years, Occ: Agriculture,Padidempadu Village,Kurnool Mandal, Kurnool District.
.. Petitioner
AND
The State of Andhra Pradesh,Rep. by its Principal Secretary,Revenue Department (Stamps & Registration),Secretariat Buildings, Hyderabad & 3 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 ofland to an extent of Ac. 1.01 cents in Survey No.63/A1 and Ac.3.10 cents in Survey No.70/A1 (total extent of Ac. 4.11 cents),situated at Padidempadu Village Fields, Kurnool Mandal,Kurnool District. Petitioner intend to dispose of the saidproperty and a Deed of Conveyance was drawn and presentedbefore the Joint Sub-Registrar, Kurnool District (4[th] respondent). But theJoint Sub-Registrar is refusing to register the said document.
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, and the 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 Nos.63/A1 and 70/A1, situated atPadidempadu Village Fields, Kurnool Mandal, Kurnool District,before the Registering Authorities. As and when such documentis presented, the Registering Authority shall receive andprocess the same in accordance with the Registration Act,1908, and the Indian Stamp Act, 1899. If the RegisteringAuthority is of the opinion that the document is otherwise inorder, he shall register and release the document. If accordingto the registering authority, the document cannot be processedfor registration he shall assign due reasons, pass an order andcommunicate the same to the petitioner under Section 71 of theRegistration Act, 1908. In such an event, the petitioner isentitled to work out his remedies. Such exercise shall be completed by the Joint Sub-Registrar, Kurnool District (4[th]respondent) within a period of three (3) weeks from the date ofpresentation of the document. There shall be no order as tocosts. Miscellaneous petitions, if any, pending in this writpetition, shall stand closed.
_________________
P.NAVEEN
RAO, J
Date: 31[st] December, 2014
KL
Date: 31[st] December, 2014
KL