Allowed

Smt. Earle Yerrayyamma, v. The Sub-Registrar

Telangana HC4 Jun 2013WP/15412/2013

Case brief

AI extract

What is this about?

The Court held that Registration Authorities cannot deny registration by refusing to receive a document at the initial stage. Directing the Sub-Registrar to receive and process the documents, subject to fulfillment of statutory requirements.

What did the court decide?

Directed the Sub-Registrar, Gopalpatnam, to receive and process the documents presented by the petitioners in respect of their lands.

Smt. Earle Yerrayyamma, Vs The Sub-Registrar — Writ and Judicial Review | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.15394 of 2013 & batch (WP Nos.15394, 15398, 15410, 15412, 15416 & 15430 of 2013)

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DATE: 04.06.2013

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WP No. 15394 of 2013:

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Between:

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Kasimkota Giri Ganesh & another

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... Petitioners

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And The Sub-Registrar, Gopalpatnam Visakhapatnam-27

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… Respondent

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The Court made the following:

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HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.15394 of 2013 & batch (WP Nos.15394, 15398, 15410, 15412, 15416 & 15430 of 2013)

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COMMON ORDER:

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The grievance of the petitioners is with regard to the action of the Sub-Registrar, Gopalpatnam, in refusing to receive and register the documents presented by them in respect of their lands situated in Sy.No.151/1C of Vepagunta village.

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2. It is the case of the petitioners that the Sub-Registrar, Gopalpatnam, refused to receive the documents altogether. In the light of the order of a Division Bench of this Court in ‘G.Narsaiah vs. State

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of Andhra Pradesh^[1] ’ , it is not open to the Registration Authorities to deny registration at the threshold by refusing to receive a document. Section 71 of the Registration Act, 1908 enjoins upon the Registering Authority the duty to indicate the reasons in writing for refusing registration of a document. Without taking recourse to this provision, the Registration Authorities cannot shut out the document at the initial stage by refusing to receive the same.

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3. The writ petitions are accordingly disposed of directing the Sub-Registrar, Gopalpatnam, to receive and process the documents presented by the petitioners in respect of their lands. In the event the said documents are found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar shall complete the registration formalities and release the documents in accordance with the due procedure. Miscellaneous petitions in this batch of writ petitions shall stand closed in the light of this final order.

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No order as to costs.

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_________________ SANJAY KUMAR, J

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Date: 04.06.2013 BSS

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[1] 2011(3) ALT P.415

Smt. Earle Yerrayyamma, v. The Sub-Registrar

Case brief

What is this about?

What did the court decide?

Smt. Earle Yerrayyamma, v. The Sub-Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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