Andhra Pradesh High Court - Amravati
Smt. Potina Appalanarasamma, vs The State Of Andhra Pradesh on 10 November, 2022
HONOURABLE SMT. JUSTICE V. SUJATHA
WRIT PETITION No.11859 of 2015
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"...to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd Respondent in not entertaining the petitioners agriculture dry land for sale in favour of third parties situated at Survey Nos.32 and 40 consisting of Ac.3.00 cents of agricultural dry land vide Patta No.73 situated at Bakkannapalem Village Near Paradesipalem of Visakhapatnam Rural, Visakhapatnam District (excluding 665 square yards) is arbitrary, bad and illegal and also violation of Article-14 & 300-A of the Constitution of India consequently direct the 3 rd Respondent to entertain and process the document for registration in favour of third parties and release the same in the interest of justice and to pass such other order or orders...."
Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner 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 petitioner.
Learned Assistant Government Pleader for Revenue readily agreed to receive and register the document(s) presented by the petitioner, 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 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.
________________ V. SUJATHA, J Date: 10.11.2022.
ASH 205 HONOURABLE SMT. JUSTICE V. SUJATHA W.P. No.11859 of 2015 Date:10.11.2022 ASH