HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.9103 of 2016

ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

"…to issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in refusing to receive the petitioner's document for registration on the ground of Sec.22-A of Stamps and Registration Act to an extent of land Ac.5.00 cents in Sy.No.314/P of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District at the instance of the 3rd respondent and insisting for No Objection Certificate is illegal, arbitrary and unconstitutional and contrary to the Full Bench Judgment of this Hon'ble Court and consequently direct the 2nd respondent to receive the petitioner's document for registration in terms of the full Bench Judgment of this Hon'ble Court dt. 29-01-2016 for the land to an extent of land Ac.5.00 cents in Sy.No.314/P of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District without insisting No Objection Certificate and to release the same…"

2. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching merits of the case, to issue a direction to the 2nd respondent to receive and register the document(s) presented by the petitioner.

3. Learned 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."

4. In view of the submission made by the learned Government Pleader for Revenue, the 2nd respondent is 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 2nd respondent shall pass appropriate orders as required under Section 71 of the Registration Act.

5. Accordingly, with the above direction, the Writ Petition is disposed of. No costs.

Consequently, miscellaneous petitions pending, if any, shall also stand closed.

_______________________ JUSTICE V.SUJATHA

Date : 21.12.2022 KGR/KNN

251

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.9103 of 2016

Date : 21.12.2022

KGR/KNN

4