THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.10324 OF 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:-
"....to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of 2nd respondent in refusing to receive, register and release document presented by the petitioner herein over the land in Sy.No.502/1E2, admeasuring Ac.1.37 cents situated in Karlapalem Village & Panchayat, Bapatla Sub-Division, Narasaraopet Revenue Division, Guntur District, as illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent to receive, register and release document presented by the petitioner and pass such other order."
2. The case of petitioner in nutshell is that the petitioner is absolute owner and possessor of the land in an extent of Ac.1.37 cents in Sy.No.502/1E2, situated in Karlapalem Village and Panchayat, Bapatla Sub-Division, Narasaraopet Revenue Division, Guntur District having acquired the same through registered sale deed vide document bearing No.3711/2018, executed by the Judge, Family Court-cum-XII Additional District Judge, Guntur. The petitioner entered into an agreement of sale with one Nunna Rambabu. The petitioner filed a suit for specific performance in O.S.No.263/2017 on the file of Judge, Family Court-cum-XII Additional District Judge, Guntur. The Court decreed the suit in favour of the petitioner on 09.10.2017. Since the judgment debtor did not come forward to execute the registered sale deed in favour of the petitioner, the petitioner filed an application before the Judge, Family Court-cum-XII Additional District Judge, Guntur to 2 execute the sale deed. Then, the Judge, Family Court-cum-XII Additional Judge, Guntur executed sale deed in favour of the petitioner on behalf of the judgment debtor vide document bearing No.3711/2018, dated 26.07.2018 and accordingly the petitioner has been in continuous possession and enjoyment of the said land without any interruption from anybody. The revenue officials after conducting detailed enquiry with regard to his possession and title over the said property mutated the name of petitioner in revenue records. Now, the petitioner intends to gift the aforesaid land to his son and accordingly executed a gift deed, dated 27.04.2021 by paying necessary fees presented the gift deed before the 2nd respondent for registration. But, the 2nd respondent is not receiving and processing the document presented by the petitioner, which is illegal and arbitrary.
3. During hearing, Sri G.Venkat Reddy, learned counsel for the petitioner contended that the petitioner obtained registered sale deed through process of the Court. Later, he executed a gift deed in favour of his son and presented the same for registration. But, the 2nd respondent had neither received nor registered the said document in accordance with law. When a document is presented for registration, it is the duty of the Sub-Registrar to receive the same and if it is not in compliance of the provisions of law, the Sub-Registrar may refuse to register the document recording the reasons thereof.
4. Section 71 of the Registration Act, 1908 obligates the Registrar or Sub-Registrar to record reasons for refusal to register a document presented for registration and make an order of 3 refusal and record his reasons for such order in his Book No.2 and endorse the words "registration refused" on the presented document for registration in accordance with Sections 161 to 164 and the rules framed under the Registration Act, 1908. A copy of the reasons shall be furnished to the person, who presented the document. But, in the present facts of the case, the Sub-Registrar did not follow the procedure prescribed under Section 71 of the Registration Act, 1908, he refused to receive the document presented for registration. Hence, the action of the 2nd respondent is illegal in refusing to receive the document. Therefore, the inaction of the 2nd respondent is declared as illegal and arbitrary, the Sub-Registrar/2nd respondent is directed to receive the document presented for registration, if it is in compliance with the provisions of the Act and in case the Sub-Registrar intends to refuse registration of the document, he shall pass appropriate orders strictly in terms of Section 71 of the Registration Act, 1908 and Rules 161 to 164 and rules framed there under, within a week from the date of receipt of this Order, on representation of document by petitioner for registration.
5. With the above direction, Writ Petition is disposed of, at the stage of admission, with the consent of both the counsel. There shall be no order as to costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 15.06.2021 IS 4 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.10324 OF 2021 Date: 15.06.2021 IS