Allowed

Vemulapalli Narayanamma at Vempalli Narayanamma v. The State of Andhra Pradesh

Andhra Pradesh HC10 Nov 2022WP/15890/2015

Case brief

AI extract

What is this about?

The Court held that a Sub Registrar cannot refuse to entertain a document for registration without first receiving it and passing a speaking order under Section 71 of the Registration Act. The writ petition was allowed directing the petitioner to present the document for processing within one week.

What did the court decide?

Petitioner directed to present the document before the 3rd respondent within one week for registration; order to be forwarded by Registry to IG of Stamps and Registration.

Vemulapalli Narayanamma at Vempalli Narayanamma… — Specific Performance | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.15890 of 2015

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ORDER:

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In this writ petition, the grievance of the petitioner, as narrated by the learned counsel for petitioner, Sri I.Koti Reddy, is that the 3^rd respondent – Sub Registrar has refused to receive the documents presented by the petitioner for Registration of the land to an extent of Ac.1.76 cents in Survey No.488/3 situated at Pulivendula Village and Mandal, YSR District, on the ground that the said land is „Government Land‟ and sought process for registration.

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Learned counsel would strenuously argue that whenever a document is presented before the authorities for registration, the primary duty of the registering authority is to receive the document, scrutinize the same and if the document is not an objectional one, collect proper stamp duty and registration charges and then, effect registration. In contrast, if the document is an objectionable one i.e., if the document falls within the ambit of Section 22-A of the Registration Act, the Registering Authority has to succinctly pass a speaking order to that effect and return the document. Referring to Section 71 of the Registration Act, 1988, learned counsel would submit that a

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duty is caste on the registering authority to make an order of refusal and record his reasons for such an order in Book No.2 and endorse the words ‘Registration Refused’ on the document and furnish a copy of the order passed by him to the concerned party. However, without there being any plausible reason, the 2^nd respondent has totally abdicated his avowed duty and thereby, caused any amount of hardship to the petitioner. Learned Government Pleader acknowledging the responsibility of the Sub Registrar in terms of Section 71 of Registration Act, requested the Court to pass suitable orders.

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It is seen, of late, unfortunately similar types of complaints are coming from the parties in the form of writ petitions saying that concerned Sub Registrar has flatly refused to entertain the document, leaving aside scrutinizing the same and writing a speaking order of refusal. This is a flagrant violation of the duty caste on a Sub Registrar.

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Section 71 of Registration Act, 1908, reads thus:

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“71. Reasons for refusal to register to be recorded:

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(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

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“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.

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(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.

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Thus, law is clear to the effect that if a Sub Registrar proposes to refuse to register the document presented, he has to endorse the reasons for his refusal and enter the same in Book No.2 and endorse the words ‘Registration Refused’ and furnish a copy of his order to the concerned party. That being so, a Sub Registrar can refuse to register the document, only after he entertains the document i.e., receives the document presented by a party. He cannot refuse to entertain the document altogether, which would amount to total abdication of the assigned duty and lead to misconduct.

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In these circumstances and having regard to the facts and law, this writ petition is allowed directing the petitioner to present the document before the 3^rd respondent within one week, in which case, the 3^rd respondent shall receive and process the same and if he has not refused the registration in

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terms of Section 71, then, register the document of petitioner on his complying with the relevant provisions of Stamps Act and Registration Act. The Registry shall send a copy of this order to Inspector General of Stamps and Registration for circulation to all the Sub Registrars in the State of Andhra Pradesh.

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As a sequel, miscellaneous applications pending for consideration, if any, shall stand closed. No costs.

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_______________________ JUSTICE V.SUJATHA

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Date : 10.11.2022 AVTP

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180

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.15890 of 2015

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Date : 10.11.2022

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AVTP

Vemulapalli Narayanamma at Vempalli Narayanamma v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Vemulapalli Narayanamma at Vempalli Narayanamma v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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