Allowed

Munasa Gangadhar v. The State of Andhra Pradesh rep.by its Principal

Telangana HC7 Dec 2016WP/42605/2016

Case brief

AI extract

What is this about?

Writ petition filed challenging refusal to register a sale deed. Court directed Sub-Registrar to receive and register the document if it complies with statutory requirements or record reasons for refusal.

What did the court decide?

Petitioner directed to submit sale deed for registration within four weeks; Sub-Registrar to register if in order or record reasons for refusal.

Munasa Gangadhar Vs The State of Andhra Pradesh rep.by… — Property and Title | Telangana HC (2016)

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HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.42605 OF 2016

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ORDER:

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The case of the petitioner is that he purchased the land in Sy.No.46/1P, admeasuring Ac.2.07 cents, in Sy.No.25/2 admeasuring Ac.2.80 cents and in Sy.No.46/1,2 admeasuring Ac.3.86 cents, total admeasuring Ac.8.73 cents situated at Nidigattu Village and Grampanchayat, Bheemunipatnam Mandal, Visakhapatnam District from his vendors and original owners by virtue of sale deed dated 19.07.2016. After purchase of the aforesaid land, the petitioner have submitted the sale deed before the 3^rd respondent for registration of the same. But the 3^rd respondent without assigning any reason not entertained the sale deed presented by the petitioner. Aggrieved by the same, the present writ petition is filed.

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Heard 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

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(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 Stamp Act 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.

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_________________________ A.RAJASHEKER REDDY,J

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07-12-2016 dv

Munasa Gangadhar v. The State of Andhra Pradesh rep.by its Principal

Case brief

What is this about?

What did the court decide?

Munasa Gangadhar v. The State of Andhra Pradesh rep.by its Principal

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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