1 APHC010044642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2491/2025 Between: 1. BAGATHI. SRINIVASA RAO, S/O B. SURYA RAO, HINDU, AGED 43 YEARS, R/AT D.NO. 39-5-39/2/6, SECTOR-5, MURALINAGAR, VISAKHAPATNAM, A.P., PIN CODE-530007. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE ( REGISTRATION AND STAMPS ) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE JOINT SUBREGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, PEDAGANTYADA, VISAKHAPATNAM, A.P. 3. THE JOINT SUBREGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, DWARAKA NAGAR, VISAKHAPATNAM, A.P. 4. THE TAHSILDAR, VISAKHAPATNAM URBAN MANDAL, VISAKHAPATNAM DISTRICT, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1. M.M.M. KRISHNA SANAPALA Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS 2 The Court made the following: ORAL ORDER: Heard Ms. Sriramakavacham Samantha Krishna, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Registration & Stamps. 2. Learned Counsel for the Writ Petitioner has submitted that the Writ Petitioner has purchased the subject property and has submitted the same for registration before the Joint Sub-Registrar, Pedagantyada, Visakhapatnam (Respondent No.3). It is the case of the Writ Petitioner that the said Joint Sub-Registrar has declined to accept the General Power of Attorney dated 28.12.2024 (Ex.P.1). It is the submission of the learned Counsel for the Petitioner that the Respondent No.3 has declined to receive the said document and process the same. He would submit that no reason was given by the Respondent No.3 for declining to receive the said documents and process the same. 3. Learned Counsel for the Writ 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 General Power of Attorney and either register the same or record reasons for refusal to register a document which is 3 presented for registration and make an order of refusal and record his reasons for such order in his 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 Writ Petition is squarely covered by the said judgment. Accordingly, this Writ Petition stands disposed of with a direction to the Respondent No.3 to receive the General Power of Attorney dated 28.12.2024 (Ex.P.1) and process the same in accordance with the procedure as indicated and as dealt with in the judgment dated 15.06.2021 in W.P.No.10392 of 2021. No order as to costs. 5. The Writ Petitioner is directed to submit a copy of this Order along with a photocopy 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. Needless to state that on presentation of the General Power of Attorney dated 28.12.2024 (Ex.P.1), the Joint Sub-Registrar namely Respondent No.3 shall pass a Speaking Order as per law within a reasonable time in the event he/she is not inclined to register the document. 4 7. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 04.02.2025 Vns