Disposed

Kora Nageswara Rao, v. The State of Andhra Pradesh, Rep. by its Principal Secretary

Telangana HC28 Jun 2016WP/19138/2016

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the illegal and arbitrary refusal by the 2nd respondent to register a document concerning land. The court directed the respondent to accept the document within four weeks and register it if compliant with the Stamps and Registration Act, recording reasons if refused. Pending miscellaneous petitions were closed. This index cover indicates that the s

What did the court decide?

Directed the 2nd respondent to receive the document within four weeks if in order, and to register it or record reasons for refusal.

Kora Nageswara Rao, Vs The State of Andhra Pradesh… — Landlord and Tenant | Telangana HC (2016)

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HON’BLE SRI JUSTICE A.RAJASHEKER REDDY

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WRIT PETITION No.19138 OF 2016

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ORDER:

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This writ petition is filed declaring the action of the 2^nd respondent in not receiving the document presented by the petitioner for registration in relation to the subject land as illegal and arbitrary.

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Heard learned counsel for the petitioner and the learned Assistant

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Government Pleader for Revenue.

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Section 71 of the Registration Act reads as follows:

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Reasons for refusal to register to be recorded.—

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(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his subdistrict, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

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As per Section 71 of the Registration Act

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(for short “the Act”), the 2^nd respondent is bound to receive the document and register, if the same is in order as per Stamps and Registration Act and Rules made thereunder. If he wants to refuse the registration, he has to record the reasons as envisaged under Section 71 of the Act, which is referred to supra.

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In view of the above, it is open for the petitioner to present the document before the 2^nd respondent for registration within a period of four weeks from today and on such submission, the 2^nd respondent is directed to receive the same if the same is in order as per provisions of Indian Stamps and Registration Act and the Rules made thereunder and if he wants to refuse to register the same, he shall record reasons and communicate the same to the parties otherwise register the same.

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With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

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A.RAJASHEKER REDDY,J

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28-06-2016 dv

Kora Nageswara Rao, v. The State of Andhra Pradesh, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Kora Nageswara Rao, v. The State of Andhra Pradesh, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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