Andhra Pradesh High Court - Amravati
Gandham Srinivasarao vs The State Of Andhra Pradesh on 25 January, 2022
THE HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.1664 of 2022
ORDER:
The petitioners had purchased an extent of 420 square
yards of land under the registered sale deed, dated 17.7.2019,
vide document No.6400 of 2019 from the American Baptist
Foreign Mission Society. Thereafter, the petitioners 1 and 3
had executed an agreement of sale on 27.12.2021 for
relinquishing their share in the said land in favour of
2nd petitioner.
The petitioners had sought to present a regular deed of
sale for registering the same before the respondents 3 and 4.
However, the respondents 3 and 4 refused to receive and
register the document and also refused to give valuation
certificate for the property on the ground that the Court
litigation is pending in respect of the said property. The said
Court litigation is A.S.No.296 of 2004 on the file of the High
Court of Judicature of Madras.
Aggrieved by the said refusal of the respondents 3 and
4, the petitioners have approached this Court by way of the
present writ petition.
Sri E.V.V.S. Ravi Kumar, the learned counsel for the
petitioners relies upon a judgment of the Division Bench of
Hon'ble High Court of Telangana in the case of Ravipati
Venkateshwar Rao Vs. Nizampet Municipal Corporation
reported in 2021 (5) ALT 357 and a judgment of the Hon'ble
High Court of Madras in O.S.A.No.296 of 2004,
dated 05.4.2005, to contend that registration authorities can
refuse registration of a document only under the provisions of
Section 22-A of the Registration Act, 1908 and when there is
prohibition of alienation of such land by a Court of competent
civil jurisdiction. Sri E.V.V.S.Ravi Kumar, learned counsel for
the petitioners would also rely upon a judgment of this Court,
dated 23.2.2021, W.P.No.4438 of 2021.
Learned Assistant Government Pleader for Stamps and
Registration would submit that similar issues have been
considered by this Court in W.P.No.9708 of 2021. He submits
that this Court by an order dated 30.7.2021 had directed that
in the event of any doubt regarding the registration of a
document, the authorities should follow the procedure under
Sections 71 and 72 of the Registration Act, 1908.
Having heard both sides and having perused the
judgments cited before me, I am of the opinion that the
present writ petition, can be disposed of, following the
aforesaid judgments, with a direction to the 4th respondent to
receive and register the document presented by the
petitioners and also by giving valuation certificate for
payment of necessary stamp duty and registration fee by
following the procedure set out in Sections 71 and 72 of the
Registration Act, 1908.
It may further be clarified that the respondents 3 and 4
would be entitled to stop registration only in the event of a
specific order of civil court of non-alienation being available
before the respondents or if property is entered into register
maintained under Section 22-A of the Registration Act, 1908.
The said exercise should be completed within one month from
the date of presentation of document.
With the above observation, the writ petition is disposed
of. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any,
shall stand closed.
____________________________
R. RAGHUNANDAN RAO, J.
25.01.2022
GR
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.1808 of 2022
25.01.2022
GR
