Andhra Pradesh High Court - Amravati
Sake Ramanna vs State Of Ap.,Rep By Its District ... on 8 December, 2022
Bench: V.Sujatha
HONOURABLE SMT. JUSTICE V. SUJATHA
Writ Petition No.34358 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 respondents No.1 and 3 in
classifying the land in Survey No.600/4 to an extent of
Ac.5.20 cents situated at Chenigicherla Village and Gram
Panchayat, Dharmavaram Mandal, Anantapur District
shown as dots in the R S R and claiming it as government
land is illegal, improper, unjust and contrary to the
Registration Act and further direct the respondents1 to 3 to
reclassify the said land as private patta land and further
direct the 4th respondent to receive the document and
register the same in respect of the said property in the
interest of justice and pass such other or further orders as
are necessary ...."
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.22071 of 2011,
wherein in the similar circumstances of the case, this Court
passed the following Order:
'Mere dots in the RSR does not constitute as Government Land.'
2 VS, J
W.P.No.34358 of 2015
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
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
3 VS, J
W.P.No.34358 of 2015
the Registration Act, as it is appealable under Section 72 of the
Registration Act, without referring that the land claimed by the
petitioner is shown as dots in the RSR.
With the above direction, the Writ Petition is disposed of.
No costs.
Consequently, miscellaneous petitions pending, if any,
shall also stand closed.
______________
V. SUJATHA, J
Date: 08.12.2022
AVTP
4 VS, J
W.P.No.34358 of 2015
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.34358 of 2015
Date : 08.12.2022
AVTP
