Disposed

M/S. Uma Group of Companies, Eluru, W.G.Dist. v. the State of a.P.,Revenue,Guntur Dist.,and 4 Otrs.

Andhra Pradesh HC21 Dec 2022WP/38016/2016

Case brief

AI extract

What is this about?

In Writ Petition No. 38016 of 2016, the Hon'ble Court directed the Sub-Registrar to receive and process documents for land registration submitted by the petitioner company pursuant to Section 71 of the Registration Act, 1908, in view of the Government Pleader's agreement and interim order.

What did the court decide?

Direction to the Sub-Registrar to receive and process the documents submitted by the petitioner company as per Section 71 of the Registration Act, 1908.

M/S. Uma Group of Companies, Eluru, W.G.Dist. Vs… — Property and Title | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.38016 of 2016

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ORDER :

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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“…to issue a writ or order or orders or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in refusing to receive and register the documents in respect of plots for the lands in an extent of Acs.5.78 cents and 2,533 1/3 square yards, covered by R.S.No.4/1, Thimmapuram Village, Dwaraka Tirumala Mandal, West Godavari District, belonging to the petitioner company, as illegal, arbitrary, biased and unconstitutional and consequently, direct the respondent authorities to receive and register the documents in respect of plots for the said land belonging to the petitioner company…”

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On 16.12.2016, this court passed an interim order as follows:

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“…The Sub-Registrar i.e., Respondent no.5 shall pass orders in the said document dated 14.10.2016, in accordance with law, after considering the objections raised by the petitioners and also by the aggrieved

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persons, if any, as early as possible, preferably within a period of two weeks…”

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During hearing, learned counsel for the petitioner requested this Court, without touching merits of the case, to issue a direction to the 5^th respondent to receive and register the document(s) presented by the petitioner.

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Learned Government Pleader for Revenue readily agreed to receive and register the document(s) presented by the petitioner company, 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:

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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 “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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In view of the submission made by the learned Government Pleader for Revenue and in view of the interim order granted by this court, the 5^th respondent is directed to receive and process the document(s) submitted by the petitioner company as per the provisions of Section 71 of the Act. In case the instrument presented cannot be registered, the 5^th respondent shall pass appropriate orders as required under Section 71 of the Registration Act.

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Accordingly, with the above direction, the Writ Petition is disposed of. No costs.

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Consequently, miscellaneous petitions pending, if any, shall also stand closed.

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_______________________ JUSTICE V.SUJATHA

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Date : 21.12.2022 KGR/SSN

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249

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.38016 of 2016

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Date : 21.12.2022

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KGR/SSN

M/S. Uma Group of Companies, Eluru, W.G.Dist. v. the State of a.P.,Revenue,Guntur Dist.,and 4 Otrs.

Case brief

What is this about?

What did the court decide?

M/S. Uma Group of Companies, Eluru, W.G.Dist. v. the State of a.P.,Revenue,Guntur Dist.,and 4 Otrs.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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