HONOURABLE SMT. JUSTICE V. SUJATHA
Writ Petition No.41515 of 2015
ORDER:
The writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"to issue a Writ or Order more in the nature of mandamus declaring the action of the 5th respondent in refusing to receive the document pertaining to the land admeasuring 480 Square Yards in Survey No.171 now allotted as Plot No. 7 8 and 9 situated at Rangasamudram Village, Porumamilla Mandal, Y S R Kadapa District, is bad, illegal, arbitrary, discriminatory contrary and violative against the provisions of The Registration Act, 1908 and consequently direct the 5th respondent to register the said land ...."
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
relied upon the judgment of this in W.P.No.39937 of 2012,
wherein in the similar circumstances of the case, this Court
passed the following Order:
'This court by its Judgment dated 31.12.2012 in W.P.No.30526/2012 and batch, inter alia, while dealing with the lands belonging to religious institutions and charitable endowments, gave the following direction:
„In cases of alienation of properties which are claimed to belong to Religious and Charitable Endowments falling under the A.P.Hindu Religious Institutions and Endowments Act, 1987, or Wakfs falling under the Wakfs Act, 1995, unless relevant material is available before the 2 VS, J
W.P.No.41515 of 2015
Registering Officers to show that they are owned by such institutions, registration of the documents shall not be refused. Even if evidence is available to show that the properties sought to be alienated belong to the Institutions referred to above, the Registering Officers shall receive the documents, pass orders assigning reasons for rejection and communicate the same to the parties concerned, who shall be free to assail such orders by availing the remedy of appeal under Section 72 of the Act".
and requested this Court, without touching merits of the case,
to issue a direction to the respondents to receive and register
the document(s) presented by the petitioner.
Learned Assistant Government Pleader for Revenue
readily agreed to receive and register the document(s) presented
by the petitioner, in accordance with Section 71 of the
Registration Act, 1908 (for short 'the Act'). However, it is
relevant to refer to Section 71 of the Act, which reads as follows:
"(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."
In view of the submissions made by the learned Assistant
Government Pleader for Revenue, the respondents are directed 3 VS, J
W.P.No.41515 of 2015
to receive and process the document(s) submitted by the
petitioner as per the provisions of Section 71 of the Act. In case
the instrument presented cannot be registered, the respondents
shall pass appropriate orders as required under Section 71 of
the Registration Act, as it is appealable under Section 72 of the
Registration Act.
With the above direction, the Writ Petition is disposed of.
No costs.
Consequently, miscellaneous petitions pending, if any,
shall also stand closed.
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V. SUJATHA, J
Date: 01.12.2022
AVTP
4 VS, J
W.P.No.41515 of 2015
156
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.41515 of 2015
Date : 01.12.2022
AVTP
