Disposed

B. Lakshmi Sanjay v. State of Andhra Pradesh Rep. by its Principal Secretary

Telangana HC7 Dec 2016WP/42654/2016

Case brief

AI extract

What is this about?

The High Court directed the 5th respondent (Registrars Office) to accept and register a land document if it complies with the Registration Act, directing reasons to be recorded only if refusal is desired. The petition was disposed of with this specific direction.

What did the court decide?

Direction to the 5th respondent to receive and register the document within four weeks if in order, or record reasons for refusal.

B. Lakshmi Sanjay Vs 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.42654 OF 2016

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ORDER:

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This writ petition is filed declaring the action of the 5^th respondent in not receiving the document presented by the petitioner for registration relating to the land in D.No.127/5, 127/9 of Krishnayapalem Village, Mangalagiri Mandal, Guntur District in an extent of Ac.0-80 cents and Ac.0.45 cents respectively total admeasuring Ac.1.25 cents under a registered document No.822/2007, 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 (for short “the Act”), the 5^th 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 5^th respondent for registration within a period of four weeks from today and on such submission, the 5^th 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

B. Lakshmi Sanjay v. State of Andhra Pradesh Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

B. Lakshmi Sanjay v. 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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