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M. Konaiah, v. The State of Andhra Pradesh

Telangana HC25 Jan 2017WP/2481/2017

Case brief

AI extract

What is this about?

The High Court in a writ petition directed the 5th respondent (Sub-Registrar) to receive and register the sale deed regarding Sy.No.224-1 land unless reasons for refusal are recorded under Section 71 of the Registration Act.

What did the court decide?

Directed the 5th respondent to receive the sale deed for registration and record reasons for refusal if unable to register under Section 71.

M. Konaiah, Vs The State of Andhra Pradesh — Writ and Judicial Review | Telangana HC (2017)

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HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.2481 OF 2017

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ORDER:

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This writ petition is filed to declare the action of the 5^th respondent in insisting the petitioners to get No Objection Certificate from the respondents 2 to 4 to the land to an extent of Acs.1.53 cents i.e., Acs.0.51 cents each to the petitioners in Sy.No.224-1, situated at Dorigallu village, Mudiguba Mandal, Anantapur District as illegal and arbitrary and consequently to direct the 5^th respondent to receive the sale deed in respect of subject land, register and release the same.

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Heard learned counsel for the petitioners 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

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(for short “ the Act”), the 5^th respondent is bound to receive the documents and register, if the same are 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 petitioners to present the document before the 5^th respondent for registration and on such submission, the 5^th respondent is directed to receive the same, if it is in order in terms of Section 71 of the Act 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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25-01-2017 kvs

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HON’BLE SRI JUSTICE A.RAJASHEKER REDDY

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WRIT PETITION No.2481 OF 2017

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Date: 25.01.2017

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kvs

M. Konaiah, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M. Konaiah, v. The State of Andhra Pradesh

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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