Andhra Pradesh High Court - Amravati
Mutukuru Srinivasulu, vs The Subregistrar Banaganapalli ... on 24 November, 2022
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.26246 of 2015
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not receiving the documents submitted by the petitioners for processing the same for registration in respect of the land of the petitioners extent Ac.0.54cts, Ac.0.41cts and Ac.0.28cts respectively situated in Sy.No.132/3B of Banaganapalle village and mandal, Kurnool District as arbitrary and illegal and consequently direct the respondents to receive the documents submitted by the petitioners and process the same for registration in respect of the land extent Ac.0.54cts, Ac.0.41cts and Ac.0.28cts respectively situated in Sy.No.132/3B of Banaganapalle village and mandal, Kurnool District in the interest of justice and pass such other or further orders...."
Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching merits of the case, to issue a direction to the respondents to receive and register the document(s) presented by the petitioners.
Learned Assistant Government Pleader for Revenue readily agreed to receive and register the document(s) presented by the petitioners, in accordance with Section 71 of the Registration Act, 1908 (for short 'the Act'). However, it is relevant to refer to Section 71 of the Act, which reads as follows:
"(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration 2 refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered."
In view of the submission made by the learned Assistant Government Pleader for Revenue, the respondents are directed to receive and process the document(s) submitted by the petitioner as per the provisions of Section 71 of the Act. In case the instrument presented cannot be registered, the respondents shall pass appropriate orders as required under Section 71 of the Registration Act, as it is appealable under Section 72 of the Registration Act.
With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_______________________ JUSTICE V.SUJATHA Date : 24.11.2022 BSP 3 153 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.26246 of 2015 Date : 24.11.2022 BSP