Allowed

Sri Daggupalli Saibaba, v. Sub-Registrar

Telangana HC30 Apr 2013WP/2939/2013

Case brief

AI extract

What is this about?

The court allowed a writ petition against a Sub-Registrar who kept a property registration document pending clarification from Revenue Authorities without a government notification under Section 22-A(2). It directed immediate registration subject to stamp duty compliance.

What did the court decide?

Directed the Sub-Registrar to complete registration formalities for Document No. P-113/2011 without awaiting clarification from Revenue Authorities.

Sri Daggupalli Saibaba, Vs Sub-Registrar — Property and Title | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.2939 of 2013

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Date: 30.04.2013

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Between:-

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Daggupalli Saibaba.

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… Petitioner

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and

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Sub-Registrar, Kotauratla Village and Mandal, Visakhapatnam District and another.

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… Respondents

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This Court made the following:-

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HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.2939 of 2013

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ORDER: -

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The grievance of the petitioner is with regard to the action of the Sub-Registrar, Kotauratla Village and Mandal, Visakhapatnam District,

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in keeping the document presented by him pending registration as Document No. P-113/2011. The said document was presented in the context of the land in Sy.No.126/2 of Pippalla Kothapalli Village, Kotauratla Mandal, Visakhapatnam District.

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2. The communication from the Sub-Registrar, Kotauratla Village and Mandal is to the effect that this document is kept pending registration awaiting clarification from the Revenue Authorities.

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3. On instructions, the learned Assistant Government Pleader for Revenue, states that the subject land is not an assigned land. That being so, the prohibition envisaged by Section 22-A(1)(a) of the Registration Act, 1908 would have no application to the present case.

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4. Unless there is a notification issued by the Government of Andhra Pradesh under Section 22-A (2) of the Registration Act, 1908, it is not open to the Registration Authority to refuse registration of a document on the ground that the Government may have a say in the matter. Admittedly, there is no such notification insofar as the subject land is concerned.

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5. The action of the Sub-Registrar, Kotauratla Village and Mandal, in keeping the document pending registration on the ground that he is awaiting clarification from the Revenue Authorities, therefore, has no legal sanction. In the event, the Government has any interest in the matter, it would necessarily have to assert and establish its right, title and interest in the said land before the appropriate forum and thereafter seek cancellation of the document, if any, registered in respect of the subject land.

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6. The writ petition is accordingly allowed directing the SubRegistrar, Kotauratla Village and Mandal, to complete the registration formalities in respect of the pending document No.P-113/2011 without awaiting a clarification from the Revenue Authorities. In the event the document is otherwise found to fulfil the

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requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the document shall be registered and released in accordance with the due procedure. W.P.M.P.No.3614 of 2013 shall stand closed in the light of this final order. No order as to costs.

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___________________________ SANJAY KUMAR, J

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Date : 30.04.2013 Gvl/Grk

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.2939 of 2013

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30.04.2013

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Gvl/Grk

Sri Daggupalli Saibaba, v. Sub-Registrar

Case brief

What is this about?

What did the court decide?

Sri Daggupalli Saibaba, v. Sub-Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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