The High Court directed the Registrar to consider a sale deed for registration. The petitioner alleged the land was government land, but the exclusionary proceedings did not cover the specific survey number.
Directing the District Registrar to consider the document presented by the petitioner for registration.
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THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA
WRIT PETITION NO.33379 OF 2010
Date:24.01.2011
Between: B.Krishna Reddy ... Petitioner
And
The District Registrar, Registration And Stamps, Krishna Nagar, Kurnool District and others … Respondents
THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA
WRIT PETITION NO.33379 OF 2010
ORDER:
Petitioner has entered into an agreement of sale in respect of the land in Survey No.120/2, admeasuring Ac.0.39 cents situated at Kallur Village and Mandal, Kurnool District, from its lawful owner for valid sale consideration, and in that context, he approached the second respondent seeking registration of the document, but he refused to receive the same for registration, on the ground that the said land is a Government land. The second respondent also furnished him a copy of the proceedings dated 21.09.2005 issued by the third respondent, which contains various extents of land prohibited for registration. But the said proceeding does not contain the survey number and extent of the land covered under the agreement of sale presented by the petitioner. Aggrieved by the same, the present writ petition is filed seeking a writ of Mandamus directing the respondents to receive and register the document in respect of the petitioner.
Be it noted that when a document is presented, it is incumbent on the part of the Registering Officer to examine the same with reference to Sections 31 to 36 of the Registration Act, 1908 (for short, ‘the Act’) and/or Rules 26 to 58 of the Andhra Pradesh Rules under the Act. This aspect of the matter was considered by my learned brother Hon’ble Sri Justice A.Gopal Reddy in W.P.No.15199 of 2004, dated
01.9.2004.
Following the above, the Writ Petition is disposed of directing the second respondent or any other Registering Officer to consider the document presented by the petitioner for registration. Be it noted, if for any reason, the document presented is not registered, it is incumbent on the part of the Registering Officer to record and furnish reasons under Section 71 of the Act. Even thereafter, if petitioner has any grievance, he may file appeal before the appellate authority under Section 72 of the Act. Thereafter, if any adverse order is passed by the appellate authority, the petitioner can file a suit under Section 77 of the Act. Be it made clear that this order shall not be construed as favourable or unfavourable finding conferring title on parties hereto or third parties. There shall be no order as to costs.
__________________________ ASHUTOSH MOHUNTA, J
24.01.2011 KH/Tsy
2 issues framed by the court
Whether the Registering Officer should examine the document presented for registration pursuant to the Registration Act and associated Rules.
Whether the Registering Officer is required to record and furnish reasons if a document is not registered.
Colour shows how this judgement treated each authority
Hon'ble Sri Justice A.Gopal ReddyReferred¶11
W.P.No.15199 of 2004
5 provisions across 2 enactments
B.Krishna Reddy
The District Registrar, Registration And Stamps, Krishna Nagar, Kurnool District
ASHUTOSH MOHUNTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
