THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6996 OF 2025 Between: Panabakam Deepthi alias Deepthichristiana, W/o. Chemudugunta Suresh Babu, Aged 42 years, R/o. Kurugonda Village, Ojili Mandal, Tirupathi District. ...PETITIONER AND 1. The State of Andhra Pradesh,, Rep. by its Principal Secretary, Revenue (Registration) Department, Secretariat Buildings, Amaravati. 2. District Registrar,, Tirupathi District at Tirupathi. 3. Sub-Registrar,, Sullurpeta, Tirupathi District, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the 3'"^ Respondent in refusing to receive the document of settlement deed for property of 2 RCC Shops in the land an extent of 116.64 sq. Yds at Door No.9- 5-67 (Old Door No. 10-320) in Survey No. 14-1 situated at Western side of GNT Road, Sullurpet Town and Municipality, Tirupathi District presented by the petitioner as illegal, unjust and contrary to law consequently directing the 3'^'^ respondent to receive and process the document relating to the said property forthwith as per law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3^^ Respondent to receive the document of settlement deed for the property of 2 RCC Shops in the land an extent of 116.64 Yds at Door No.9-5-67 (Old Door No. 10-320) in Survey No. 14-1 situated at Western side of GNT Road, Sullurpet Town and Municipality, Tirupathi District presented by the petitioner and process the same as per law. sq. sq. Counsel for the Petitioner: SRI SIVA NAGARJUNA SIDHADAPU Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following ORDER: r 1 NV,J W.P.No.6996 of 2025 APHC010128832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0^ WEDNESDAY .THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE , PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6996/20?^ Between: Panabakam Deepthi Alias Deepthichristiana AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: ...PETITIONER ...RESPONDENT(S) 2 NV,J W.P.No.6996 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India, declaring the action of the 3^^ respondent in refusing to receive the document of settlement deed for property of 2 RCC shops in the land of an extent of 1. 116-64 sq.yds at D.No.9-5-67 (Old Door No.10-320) in Sy.No.14-1 situated at Western Side of GNT Road, Sullurpet Town and Municipality, Tirupati District presented by the petitioner as illegal, unjust and contrary to law, consequently direct the respondent to receive and process the document relating to the said property. 2. It is the case of tbe petitioner that the petitioner bequeathed land of an extent of 116-64 sq.yds at D.No.9-5-67 (Old Door No.10-320) in Sy.No.14-1 situated at Western Side of GNT Road, Sullurpet Town and Municipality Tirupati District, by her grandfather by virtue of registered Will dated 20.02.1997. After the demise of her grandfather, the petitioner became absolute owner and possessor of the said land and she had been in possession and enjoyment of the subject property. The petitioner proposed to rd execute registered settlement deed in favour of her husband. But, the 3 respondent refused to receive the document orally without issuing any speaking order. Therefdre, the action of the third respondent in refusing to receive and process the document is illegal and contrary to the procedure 3 NV,J W.P.No.6996 of 2025 prescribed under Registration Act, 1908 and requested to issue direction as stated above. Learned counsel for the petitioners contended that, it is obligatory the part of the third respondent to receive and register the same. In case, if any objection is raised with regard to the stamp duty or any violation of the provision, a speaking order has to be passed, enabling the petitioner to take further steps. Even otherwise, the duty of the first respondent is to pass appropriate reasoned order in terms of Section 71 of the Registration Act, 1908 and therefore, a direction is sought against the first respondent to receive and process the document presented by the petitioner. 3. on Whereas, learned Assistant Government Pleader for Stamps and Registration submitted that, at best, the third respondent/Sub-R egistrar will act within the limits of Section 71 of Registration Act, , 1908. 4. 5. As seen from the material on record, the petitioner was bequeathed the property referred above by virtue of Registered Will. But, she intended to execute registered settlement deed in favour of her husband and presented them for registration. However, the third respondent did not receive the document for registration and such act of the third respondent/Sub-Registrar is contrary to Section 71 of the Registration Act, , 1908. 4 NV,J . W.P.No.6996 of 2025 6. Section 71 of the Registration Act deals with reasons for refusal to register to be recorded, which is as follows: 71 Reasons for refusal to register to be recorded. (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, t 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 obligation of sub-registrar under Section 71 of the 7. 1908, the Sub-Registrar is supposed to receive the Registration Act, document. If, for any reason, on receipt of the document and on process, t found it is defective and not permitting registration, he/she has to assign reasons and enter into Book No.2 and endorse the words “registration refused” on the document. Instead of following the procedure, the first 5 NV,J W.P.No.6996 of 2025 respondent/Sub-Registrar refused to receive the document orally. Hence, the action of the third respondent is illegal and arbitrary and contrary to Section 71 of the Registration Act, 1908. Therefore, the third respondent is directed to receive the document, process and follow the procedure prescribed under Section 71 of the Registration Act, 1908, if the document presented is not liable to be registered. 8. With the above direction, writ petition is disposed of at the stage of f admission, with the consent of both the parties. No costs. 9. Consequently, miscellaneous applications pending if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To 1. The Principal Secretary, State of Andhra Pradesh Revenue (Registration) Department, Secretariat Buildings, Amaravati. 2. District Registrar,, Tirupathi District at Tirupathi. 3. Sub-Registrar,, Sullurpeta, Tirupathi District, 4. One CC to SRI. SIVA NAGARJUNA SIDHADAPU, Advocate [OPUC] 5. Two CCs to GP FOR REGISTRATION & STAMPS, High Court of A.P.,Amaravati (OUT) 6. Three CD Copies HIGH COURT DATED:19/03/2025 ORDER WP.No.6996 of 2025 o I 0 2 m 2025 I ^ . Current Seetion . ^ DISPOSING THE WP WITHOUT COSTS