Andhra Pradesh High Court - Amravati
Nagasuri Mahesh vs The State Of Ap on 23 March, 2021
Bench: U.Durga Prasad Rao
IN THE HIGH COURT OF ANDHRA PRADESH
****
WRIT PETITION No.6817 of 2021
Between:
Sri Nagasuri Mahesh
.... Petitioner
AND
State of Andhra Pradesh rep by its Principal Secretary,
Stamps and Registration Department and another
.... Respondents
DATE OF JUDGMENT PRONOUNCED: 23.03.2021
SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
1. Whether Reporters of Local Newspapers
may be allowed to see the judgment? Yes / No
2. Whether the copies of judgment may be
marked to Law Reporters / Journals? Yes / No
3. Whether His Lordship wish to
see the fair copy of the Judgment? Yes / No
________________________
U. DURGA PRASAD RAO, J
2
* THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
+ WRIT PETITION No.6817 of 2021
% 23.03.2020
Between:
Sri Nagasuri Mahesh
.... Petitioner
AND
State of Andhra Pradesh rep by its Principal Secretary,
Stamps and Registration Department and another
.... Respondents
! Counsel for Petitioner : Sri T.C. Krishnan
^ Counsel for Respondents : Government Pleader for
Stamps and Registration.
< Gist:
> Head Note:
? Cases referred:
3
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
WRIT PETITION No.6817 of 2021
ORDER:
In this writ petition, the grievance of the petitioner, as narrated
by the learned counsel for petitioner, Sri T.C.Krishnan, is that the
2nd respondent - Sub Registrar has refused to receive the documents
presented by the petitioner for Registration of the house property
situated within Kavali Municipality, Nellore District and process for
registration.
2. Learned counsel would strenuously argue that whenever a
document is presented before the authorities for registration, the
primary duty of the registering authority is to receive the document,
scrutinize the same and if the document is not an objectional one,
collect proper stamp duty and registration charges and then, effect
registration. In contrast, if the document is an objectionable one i.e.,
if the document falls within the ambit of Section 22-A of the
Registration Act, the Registering Authority has to succinctly pass a
speaking order to that effect and return the document. Referring to
Section 71 of the Registration Act, 1988, learned counsel would
submit that a duty is caste on the registering authority to make an
order of refusal and record his reasons for such an order in Book No.2
and endorse the words 'Registration Refused' on the document and
furnish a copy of the order passed by him to the concerned party.
However, without there being any plausible reason, the 2nd respondent
has totally abdicated his avowed duty and thereby, caused any amount
of hardship to the petitioner. Learned Government Pleader
acknowledging the responsibility of the Sub Registrar in terms of
Section 71 of Registration Act, requested the Court to pass suitable
orders.
3. It is seen, of late, unfortunately similar types of complaints are
coming from the parties in the form of writ petitions saying that
concerned Sub Registrar has flatly refused to entertain the document,
leaving aside scrutinizing the same and writing a speaking order of
refusal. This is a flagrant violation of the duty caste on a
Sub Registrar.
4. Section 71 of Registration Act, 1908, reads thus:
"71. Reasons for refusal to register to be recorded:
(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.
(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.
5. Thus, law is clear to the effect that if a Sub Registrar proposes
to refuse to register the document presented, he has to endorse the
reasons for his refusal and enter the same in Book No.2 and endorse
the words 'Registration Refused' and furnish a copy of his order to the
concerned party. That being so, a Sub Registrar can refuse to register
the document, only after he entertains the document i.e., receives the
document presented by a party. He cannot refuse to entertain the
document altogether, which would amount to total abdication of the
assigned duty and lead to misconduct.
6. In these circumstances and having regard to the facts and law,
this writ petition is allowed directing the petitioner to present the
document before the 2nd respondent within one week, in which case,
the 2nd respondent shall receive and process the same and if he has not
refused the registration in terms of Section 71, then, register the
document of petitioner on his complying with the relevant provisions
of Stamps Act and Registration Act. The Registry shall send a copy
of this order to Inspector General of Stamps and Registration for
circulation to all the Sub Registrars in the State of Andhra Pradesh.
As a sequel, miscellaneous applications pending for
consideration, if any, shall stand closed. No costs.
_________________________
U.DURGA PRASAD RAO, J
23.03.2020
Note: issue C.C. by tomorrow.
B/o.SS
