The Court held the writ petition inadmissible as the petitioner has a statutory right to appeal against the refusal to register a sale deed before the District Registrar under Section 72 of the Registration Act, 1908.
The writ petition is disposed of. No costs.
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HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA
WRIT PETITION No.3785 of 2010
ORDER:
The petitioner being aggrieved by the orders dated 10.12.2009 of the second respondent in refusing to register his sale deed vide document P.No.123/09 dated 03.11.2009, filed the present writ petition.
The petitioner was also informed that an appeal lies against the refusal before the District Registrar, Sri Balaji Registration District, Tirupathi, under Section 72 of the Registration Act, 1908(for short ‘the Act’) within a period of 30 days from the date of refusal.
Counsel for the petitioner submits that as the petitioner has been presenting his legal remedy wrongly before this Court, he may be permitted to file an appeal and that the limitation may be condoned.
In view of the aforementioned facts, it is held that as the petitioner has a right to file an appeal under Section 72 of the Act against the order dated 10.12.2009, the present writ petition is not maintainable. In case, the petitioner files an appeal before the competent authority within a period of one month from today, then the competent authority shall take a lenient view with regard to the limitation, and consider and dispose of the appeal on merits, as expeditiously as possible.
The writ petition is accordingly disposed of. No costs.
______________________ ASHUTOSH MOHUNTA, J.
19th January 2010, Rns
1 issue framed by the court
Whether the writ petition is maintainable when a statutory appeal lies before the District Registrar under Section 72 of the Registration Act, 1908.
1 provisions across 1 enactments
Petitioner
Second Respondent
Ashutosh Mohanta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
