Andhra Pradesh High Court - Amravati
Smt. Muniammal vs The State Of Andhra Pradesh, on 9 September, 2024
1
APHC010355172024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
MONDAY ,THE NINTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 18105 OF 2024
Between:
1. SMT. MUNIAMMAL, W/O.CHINNAPPA, AGED ABOUT 48 YEARS,
123 B, MOORES ROAD, SWADANDRA NAGAR AND HUTS,
THOSUAND LIGHTS.VTC GREAMS ROAD, PO GREAMS ROAD,
SUB DISTRICT CHENNAI, DISTRICT CHENNAI, STATE
TAMILANDU, PIN CODE 600006
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, REVENUE DEPARTMENT, SECRETARIAT
BUILDINGS, VELAGAPUDI GUNTUR DISTRICT.
2. THE COMMISSIONER AND INSPECTOR GENERAL OF STAMPS
AND REGISTRATION, 5-59, R K SPRING VALLEY APARTMENTS,
EDUPUGALLU, KANKIPADU MANDAL, KRISHNA DISTRICT.
3. THE DISTRICT COLLECTOR, TIRUPATHI, TIRUPATHI DISTRICT.
4. THE DISTRICT REGISTRAR, TIRUPATHI, TIRUPATHI DISTRICT.
5. THE TAHSILDAR, RENIGUNTA, TIRUPATHI DISTRICT
6. THE SUBREGISTRAR, RENIGUNTA, TIRUPATHI DISTRICT.
...RESPONDENT(S):
2
Counsel for the Petitioner:
1. NAGENDRA BABU PARAGATI
Counsel for the Respondent(S):
1. GP FOR REGISTRATION AND STAMPS
ORDER:
Heard Sri Nagendra Babu Paragati, learned Counsel for the Writ
Petitioner and Sri Arjun Chowdary, learned Assistant Government Pleader.
2. Learned Counsel for the Writ Petitioner has submitted that the
Writ Petitioner has purchased property and has submitted the sale deed for
registration before the Sub-Registrar, Renigunta, Tirupathi District
(Respondent No.6). It is the case of the Writ Petitioner that the Sub-Registrar,
Renigunta, Tirupathi District (Respondent No.6) has declined to accept the
said sale deed, dated 05.08.2024 (Ex.P.3). It is the submission of the learned
Counsel for the Petitioner that the Sub-Registrar, Renigunta, Tirupathi District
(Respondent No.6) has declined to receive the said sale deed and process
the same. He would submit that no reason was given by the said Sub-
Registrar, Renigunta, Tirupathi District (Respondent No.6) for declining to
receive the said documents and process the same.
3. Learned Counsel for the Petitioner has placed reliance on the
judgment of this Court in Salimeni Ravindra Vs. The State of Andhra
Pradesh & Ors. (W.P.No.10392 of 2021 dated 15.06.2021). He would place
reliance on this judgment to submit that the Sub-Registrar cannot refuse to
receive the document presented for registration. He would submit that as per
Section 71 of the Registration Act, 1908, there is an obligation on the
Registrar/Sub-Registrar to process the sale deed and either register the same
or record reasons for refusal to registrar a document which is presented for
registration and issue an order of refusal and record his reasons for refusal in
Book No.2 with the endorsement of the phrase "registration refused" on the
presented document for registration. This procedure is followed as per Rules
161 to 164 of the Rules framed under the Registration Act, 1908.
4. This Court, having perused the judgment of this Court in Salimeni
Ravindra's case (W.P.No.10392 of 2021 dated 15.06.2021), is of the view that
the present case is squarely covered by the said judgment. Accordingly, this
Writ Petition stands disposed of with a direction to the Sub-Registrar,
Renigunta, Tirupathi District (Respondent No.6) to receive the sale deed
dated 05.08.2024 (Ex.P.3) and process the same in accordance with the
procedure as indicated and as dealt with in this judgment dated 15.06.2021 in
W.P.No.10392 of 2021.
5. The Writ Petitioner is directed to submit a copy of this order along
with the photo copy of the judgment of this Court which is relied-on i.e.,
Salimeni Ravindra's case (W.P.No.10392 of 2021 dated 15.06.2021) to the
Registrar for better appreciation and for following the procedure in accordance
with law in future cases as well.
6. With these observations and directions, this Writ Petition stands
disposed of. Needless to state that on presentation of the sale deed, the Sub-
Registrar namely the Sub-Registrar, Renigunta, Tirupathi District (Respondent
No.6) shall pass a Speaking Order as per law within a period of four weeks in
the event he/she is not inclined to register the document. No order as to costs.
7. Interlocutory Applications, if any, stand closed in terms of this
order.
______________________________________
GANNAMANENIRAMAKRISHNA PRASAD, J
Dt: 09.09.2024
Mnr
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No.18105 OF 2024
Dt.09.09.2024
Mnr
