ORDER:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a Writ or Order more in the nature of mandamus declaring the action of the respondents No.1 and 3 in classifying the land in Survey No.600/4 to an extent of Ac.5.20 cents situated at Chenigicherla Village and Gram Panchayat, Dharmavaram Mandal, Anantapur District shown as dots in the R S R and claiming it as government land is illegal, improper, unjust and contrary to the Registration Act and further direct the respondents1 to 3 to reclassify the said land as private patta land and further direct the 4th respondent to receive the document and register the same in respect of the said property in the interest of justice and pass such other or further orders as are necessary ….”

Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner relied upon the judgment of this in W.P.No.22071 of 2011, wherein in the similar circumstances of the case, this Court passed the following Order:

‘Mere dots in the RSR does not constitute as Government Land.’

and requested this Court, without touching merits of the case, to issue a direction to the respondents to receive and register the document(s) presented by the petitioner.

Learned Assistant 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.”

In view of the submissions made by the learned Assistant Government Pleader for Revenue, the respondents are 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 respondents shall pass appropriate orders as required under Section 71 of the Registration Act, as it is appealable under Section 72 of the Registration Act, without referring that the land claimed by the petitioner is shown as dots in the RSR.

With the above direction, the Writ Petition is disposed of.

No costs.

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

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V. SUJATHA, J Date: 08.12.2022 AVTP

142 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.34358 of 2015 Date : 08.12.2022 AVTP