"... To Issue An Appropriate Order vs Unknown
2021 Latest Caselaw 526 AP

            THE HON'BLE SRI JUSTICE M. GANGA RAO

                  Writ Petition No.18165 of 2019
ORDER

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief/s:

"... to issue an appropriate order, direction or writ particularly one in the nature of a writ of mandamus declaring that the petitioner is entitled to execute the registered document dt.14-06-2007 transferring their right of ownership either by gift or sale in respect of their land of Ac 6.00 from out of the original holding of Ac 76.20 cents of land paper run as Kallu Konda in Survey No.318 of Adivaram village, Visakhapatnam (rural), Visakhapatnam District now included in Greater Visakhapatnam Municipal Corporation and or any part thereof and that is the mandatory duty of the respondent to register the said document presented by the petitioner for registration under provisions of the Registration Act 1908 and to return the register document to petitioner and pass such order or order deemed fit and proper in the petition."

Heard learned counsel for the petitioner and learned

Assistant Government Pleader for Registration and Stamps

appearing for the respondents.

The case of the petitioner is that originally, the land to an

extent of Ac.76.20 cents situated in Sy.No.318 of Adivaram village,

was settled in the name of Sanapala Pedamadhavudu in the year

1771 vide Inam register dated 25.04.1826. Presently, the said lands

were earmarked in Adivivaram revenue records. The petitioner purchased Ac.06.00 cents out of Ac.76.20 cents situated in

Sy.No.318 of Adivaram village, Visakhapatnam Mandal, from the

legal heirs of Sanapala Pedamadhavudu, who inherited the

property, vide possessory agreement of sale-cum-general power of

attorney dated 14.06.2007 bearing document No.4663 of 2007.

The ownership of the vendors of the petitioner was declared in

OS.No.302 of 1929 on the file of District Court, Visakhapatnam by

judgment and decree, dated 23.12.1931; the same was confirmed

by judgment and decree dated 31.01.2001 in A.S.No.13 of 1994.

Since the date of her purchase, the petitioner has been in peaceful

possession and enjoyment of the subject property. However, when

she intended to alienate the same, the respondents refused to

register the same and are not entertaining any sale transaction in

respect of the property covered by the possessory agreement of sale.

Hence, the present writ petition came to be filed.

Learned Counsel for the petitioner submits that the petitioner

approached the registration authorities by presenting sale deed for

registration and the respondents refused to receive and register the

sale deed stating that the land regarding sale deed is included in

the prohibited property list maintained under Section 22 (A) of the

Registration Act, 1908. The registration authorities are under

statutory obligation under the provisions of the registration Act and

the rules made there under to receive and register the sale deed.

The action of the respondents in not receiving and registering the

document is illegal and arbitrary. Whenever a document is presented for registration, the registration authorities are under

obligation to receive the same and process the documents for

registration, as per the provisions of the Act. If there is any

objection for registration of the document, they are under statutory

obligation to return the document duly endorsing the reasons for

non-registration of the document as per the provision of Section 71

of the Act. Therefore, if a direction is given to the respondents to

receive and process the sale deed presented by the petitioner, as

envisaged under the provisions of the Act and the Rules made

thereunder, the grievance of the petitioner stands redressed.

Learned Assistant Government Pleader endorses the said

submission.

In the facts and circumstances of the case and submissions

of both the learned counsel, this Court, in the interests of justice,

felt it appropriate to dispose of the writ petition.

Accordingly, the Writ Petition is disposed of directing the

respondents to receive and process the sale deed dated 14.06.2007

submitted by the petitioner with regard to subject property, for

registration, if they are otherwise in order as per the provisions of

the Act and the Rules made thereunder, without reference to the

observation made in the market value certificate, dated 09.11.2020.

In the event he is not inclined to register the said document and

intends to refuse to register the said document, he shall pass

appropriate orders as per the provision of Section 71 of the Act giving reasons for not registering the document and communicate

the same to the petitioner. There shall be no order as to costs.

As a sequel, pending miscellaneous applications, if any, shall

stand closed.

_________________ M.GANGA RAO, J 02.02.2021 Klpd THE HON'BLE SRI JUSTICE M. GANGA RAO

WRIT PETITION No.18165 of 2019 02.02.2021 Klpd