Disposed

G Venugopal v. The State of Andhra Pradesh

Andhra Pradesh HC18 Jan 2021WP/1044/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the 5th respondent's refusal to register a sale deed. The court directed the respondent to receive and process the document for registration in accordance with the Registration Act if prima facie in order, and to issue reasons under Section 71 if refusal is warranted.

What did the court decide?

Directed the 5th respondent to receive and process the document for registration; if refusing, pass orders under Section 71 of the Registration Act giving reasons.

G Venugopal Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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Writ Petition No.1044 of 2021

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ORDER

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This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of the 5^th respondent in not receiving and registering the document sought to be presented by the petitioner in respect of the landed property admeasuring Ac.2.20 cents situated in Sy.No.165/1 of Putlampalle Village, Kadapa Mandal, as illegal, arbitrary and consequently direct the 5^th respondent to receive, register and release the document presented by the petitioner in respect of the above mentioned property.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Registration and Stamps appearing for the respondents.

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The case of the petitioner is that he is the absolute owner of land admeasuring Ac.2.20 cents situated in Sy.No.165/1 of Putlampalle Village, Kadapa Mandal, having purchased the same under a registered sale deed dated 29.07.1997 vide document No.3662/1997. Since then, he has been in peaceful possession of the property by raising seasonal crops. As the petitioner is in need of money for family necessities and discharging the debts, he intended to sell the property and one Pothuraju Surendra Babu agreed to purchase the same. Accordingly, they entered into an agreement of sale dated 17.06.2020 and approached the 5^th respondent for registration of the same. The 5^th respondent, orally refused to receive the document, without assigning any reasons for his refusal to receive the

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document for registration. Assailing the arbitrary action of the 5^th respondent, the present writ petition is filed.

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Learned counsel for the petitioner submits that the 5^th respondent is under statutory obligation to receive the document presented by the petitioner in respect of the subject land and process the document for registration, as per the provisions of the Registration Act. If there is any objection for registration of the document, the 5^th respondent shall return the document duly endorsing the reasons for non-registration of the document as per the provision of Section 71 of the Act. Therefore, if a direction is given to the 5^th respondent to receive and process the document presented by the petitioner, as envisaged under the provisions of the Registration Act and the Rules made thereunder, the grievance of the petitioner stands redressed.

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Learned Assistant Government Pleader endorses the said submission.

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In the facts and circumstances of the case, submissions of both the learned counsel and on perusal of the material on record, this Court, in the interests of justice, felt it appropriate to dispose of the writ petition.

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Accordingly, the Writ Petition is disposed of directing the 5^th respondent to receive and process the document submitted by the petitioner with regard to subject property, for registration, if it is otherwise in order as per the provisions of the Registration Act and the Rules made thereunder. In the event of his being not inclined to register the document and intends to refuse to register the document, he shall pass appropriate orders as per the provision of Section 71 of the Act giving

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reasons for not registering the document and communicate the same to the petitioner. There shall be no order as to costs.

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As a sequel, pending miscellaneous applications, if any, shall stand closed.

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_________________ M.GANGA RAO, J

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18.01.2021 Vjl

G Venugopal v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

G Venugopal v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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