The registering authority cannot refuse to receive document presented for Registration. If at all the Sub Registrar refuses to register a document, he shall make an order of refusal by recording his reasons for such order, as per Section 71 of the Registration Act.

Headnote:
REGISTRATION ACT - PROHIBITED PROPERTIES - REGISTRATION OF DOCUMENTS - [SUBJECT] - The registering authority cannot refuse to receive document presented for Registration. If at all the Sub Registrar refuses to register a document, he shall make an order of refusal by recording his reasons for such order, as per Section 71 of the Registration Act.
Fact of the Case:

The petitioner sought to register a sale deed for a property that was included in the list of prohibited properties under Section 22-A(1)(a) of the Registration Act, 1908. The registering authority refused to receive the document, stating that the property was included in the list of prohibited properties and thus documents presented for registration would not be entertained.
Finding of the Court:

The court held that the registering authority cannot refuse to receive document presented for Registration. If at all the Sub Registrar refuses to register a document, he shall make an order of refusal by recording his reasons for such order, as per Section 71 of the Registration Act.
Issues: Whether the registering authority can refuse to receive a document presented for registration on the ground that the property is included in the list of prohibited properties.
Ratio Decidendi: The court relied on Section 71 of the Registration Act, which states that if the Sub Registrar refuses to register a document, he shall make an order of refusal by recording his reasons for such order.
Final Decision: The court disposed of the writ petition, giving liberty to the petitioner to present the document to the registering authority for registration and thereupon the registering authority shall process the same in accordance with law and in case the document cannot be registered, the concerned Sub Registrar shall record reasons for refusal as envisaged under Section 71 of the Registration Act.

HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3325 OF 2024 Between:

1. YENAMALA REDDEPPA s/o. Y. Chenna Chari, Aged about 43 years, Occ. Business, R/o.D.No.2-250-62-l-D, Katlatavari Palli Road, B.K Palli, Neerugattuvaripalli, Madanapalle Town and Mandal, Annamayya District.

...PETITIONER(S)

AND:

1. .The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue(Stampa and Registration Department), Secretariate Building,Velagapudi, Guntur District.

2. The District Collector, Rayachoty, Annamayya District.

3. The Tahasildar, Madanapalle Mandal, Annamayya District

4. The District Registrar, Stamps and Registrartion, Rayacholy, Annamayya District.

5. The Sub-Registrar, Madanapalle, Annamayya District.

...RESPONDENTS Counsel for the Petitioner(s): MD SALEEM Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS (AP)

The Court made the following: ORDER HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No. 3325 of 2024 ORDER:

th The grievance of the petitioner is that the 5 respondent is not receiving, processing, registering and releasing the sale document proposed to be submitted by him in respect of the land in an extent of Ac.1-72 cents in Survey No.1039/2 of Basinikonda Revenue village, Thattivaripalli Grama Panchayat, erstwhile Kondamarri Palli Grama Panchayat, Madanapalli Mandal, Annamayya District.

2. Heard Sri Md. Saleem, learned counsel for the petitioner and Sri E.Kumar, learned Assistant Government Pleader for Revenue.

3. Sri Md. Saleem, learned counsel for the petitioner, in elaboration would submit that the petitioner is the absolute owner and possessor of the subject property having purchased the same from rightful owners and that several registered sale transactions had taken place prior thereto in relation to the subject property and the registering authority had never objected for registration. However, when the petitioner requested for furnishing valuation of the property in relation to the subject property so as to enable him to prepare and submit sale deed, the registering authorities declined to receive the same stating that the subject property is included in the list of prohibited properties under Section 22-A (1)(a) of the Registration Act, 1908. Without issuing any notification, the authorities cannot include the property in the prohibited properties list and thus inclusion of the property in the prohibited properties list is not in consonance with the provisions of the Registration Act and therefore the inclusion and consequential refusal by the Registering authorities to receive and process the documents proposed to be presented by the petitioner is highly illegal, arbitrary and unconstitutional. Accordingly, prayed to allow th the writ petition directing the 5 respondent to receive, process, register and release the documents presented by the petitioner in relation to the subject property.

4. Per contra, the learned Assistant Government Pleader by placing on record the written instructions of the Tahsildar, Madanapalle, submitted that the subject land was included in the prohibited properties list under section 22-A(1)(a) of Registration Act, as per G.O.Ms.No.116, Revenue Department, dated 17.03.2023 and the petitioner instead of filing proper application for deletion of the property from the prohibited list before the appropriate authority, filed this writ petition. Without getting the property deleted from the prohibited list, the relief sought by the petitioner in the present writ petition is futile. There are no merits in the writ petition and the same is liable to be dismissed. Accordingly, prayed to dismiss the writ petition.

5. The petitioner complains oral refusal of the Registering authority even to furnish the value of the subject property on the ground that the said property is included in the list of prohibited properties and thus documents presented for registration would not

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