Allowed

Prabhakar Reddy, v. The State Of Andhra Pradesh

Telangana HC18 Jul 2012WP/21753/2012

Case brief

AI extract

What is this about?

This writ petition challenged the refusal of the Joint SubRegistrar to accept documents for land registration. The Court directed the authority to receive and process the documents but reserved the right to record reasons for refusal under Section 71 of the Registration Act, 1908.

What did the court decide?

The third respondent was directed to receive and process the petitioner's documents for registration; the petitioner was permitted to submit the documents.

Prabhakar Reddy, Vs The State Of Andhra Pradesh — Specific Performance | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.21753 of 2012

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ORDER:

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This writ petition is filed seeking a mandamus declaring the action of the third respondent – Joint SubRegistrar, Hindupur, Anantapur District, in not accepting and processing the documents presented by the petitioner with regard to sale of lands admeasuring Ac.0.68 cents covered by Survey No.256/2 and Acs.10.00 cents covered by Survey No.256/3 of Kallumari Village, Madakasira S.D., Anantapur District, as illegal and arbitrary.

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It is the case of the petitioner that land admeasuring Acs.10.00 cents was originally assigned to one Sri M.Ramasastry vide proceedings in D.A.Dis.302/59 and land admeasuring Ac.1.18 cents to one G.V.Rama Rao vide proceedings in D.A.Dis.302/1359 as early as in 1949. It is the case of the petitioner that the said persons have sold the lands in question to the third parties from whom the petitioner has purchased the same by registered sale deed, as early as on 10.11.2006. In this writ petition, it is the grievance of the petitioner that though there is no prohibition for sale of such lands, when documents are presented for registration, the respondents are not

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accepting to process and register the same.

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It is submitted by the learned counsel for the petitioner that as the lands in question were originally assigned in 1949 without any condition, there is no reason for refusing to accept and register the documents.

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Under the Scheme of the Registration Act, 1908, it is open to the registering authority to record reasons, if the documents are not to be registered. But, at the same time, the respondents cannot refuse to accept the documents for registration. As there is no material in proof of filing the documents by the petitioner before the third respondent and in the absence of any rejection order, I deem it appropriate to permit the petitioner to submit the documents to the third respondent with regard to sale of the lands in question for the purpose of registration. There shall be a direction to the third respondent to receive and process such documents for the purpose of registration. However, if there are any reasons for refusal of registration, it is open to the registering authority to record reasons for the same as contemplated under Section 71 of the Registration Act, 1908 and to communicate the same to the petitioner.

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Subject to the above, the writ petition is disposed of. No order as to costs.

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In view of disposal of the Writ Petition,

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WPMP.No.27874 of 2012 also stands disposed of.

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R.SUBHASH REDDY, J

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18^th JULY, 2012. kvni

Prabhakar Reddy, v. The State Of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Prabhakar Reddy, 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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Issues for consideration

Statutes considered

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