Allowed

Lingala Krishnaveni v. The State of Andhra Pradesh, Rep. by Principal Secretary

Telangana HC26 Sept 2016WP/32271/2016

Case brief

AI extract

What is this about?

Single judge allowed a writ petition challenging the refusal to register a land document. Directed the Sub-Registrar to register the document within four weeks if compliant with the Registration Act, recording reasons for any refusal.

What did the court decide?

Petitioner directed to present document for registration within four weeks; 3rd respondent directed to receive and register it or record and communicate reasons for refusal.

Lingala Krishnaveni Vs The State of Andhra Pradesh… — Property and Title | Telangana HC (2016)

¶1

HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.32271 OF 2016

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ORDER:

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This writ petition is filed declaring the action of the 3^rd respondent in not receiving the document presented by the petitioner for registration in respect of the land admeasuring 253.22 sq.yards in Sy.No.313 Pyki, Ward No.15, Srinivasapuram area, Proddatur Village fields, Gopavaram panchayat, Proddatur Mandal, YSR District, as illegal and arbitrary.

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Heard learned counsel for the petitioner and the learned Assistant 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 sub-district, 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, 1908 (for short “the Act”), the 3^rd 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 3^rd respondent for registration within a period of four weeks from today and on such submission, the 3^rd respondent is directed to receive and register 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.

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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.

¶12

_________________________ A.RAJASHEKER REDDY,J

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26-09-2016 dv

Lingala Krishnaveni v. The State of Andhra Pradesh, Rep. by Principal Secretary

Case brief

What is this about?

What did the court decide?

Lingala Krishnaveni v. The State of Andhra Pradesh, Rep. by 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

Coram

Case details

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