HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19084 of 2010 Dated: 10-08-2010 Between: Smt. J.Vijayalakshmi. … Petitioner And Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19084 of 2010 ORDER: The petitioner in this writ petition claims to be the owner and possessor of the land admeasuring Ac.2.15 ½ cents covered by Survey Nos.156/1, 157/1, 157/3 and 157/7, situated at Gujarathipet and Hayathinagaram in Srikakulam Municipality limits. It is her grievance that when she wanted to sell the said land and presented the document for registration, respondents are not treating the said land as agricultural land. Therefore, the petitioner seeks directions to the respondents to accept the document for registration and register the same by treating the land as agricultural land. When the matter came up for admission on earlier occasion, it was adjourned to enable the learned Government Pleader to get instructions. Today, on instructions, it is submitted by the learned Government Pleader that no document is presented for registration, in respect of the land in question, as pleaded by the petitioner. It is further submitted that if the document is presented, the Joint Sub-Registrar-I, will receive and process the same for registration, by following the guidelines issued for such registration. It is further stated that in respect of the above said survey number, the Committee constituted as per the Andhra Pradesh Revision of Market Value Guidelines Rules, 1988, framed under G.O.Ms.No.301, Revenue (Reg.I) Department, dated 4th of May 1998, has fixed the market value, by treating the same as vacant sites. Under the provisions of the Registration Act, if there are any objections for registration of a document, it is for the registering authority to refuse registration by recording reasons for such refusal. In case there is a dispute with regard to stamp duty, the respondent-authorities are empowered to refer the case under Section 47-A of the Indian Stamp Act, for determination of market value. But, in the present case, it appears that there was no occasion to consider the document for registration by the registering authority, as the document was not even presented for registration. At the same time, an objection is also raised by the learned counsel Sri P.Krishna Prakash that the subject lands are already sold by the mother of the petitioner, who is the original owner, and it is the subject matter of proceedings under Section 47-A of the Indian Stamp Act. So far as the objections with regard to the title over the land are concerned, it is for the affected party to file such objections before the registering authority. But, with regard to the relief sought for in this writ petition, as much as the document is not yet presented for the purpose of registration, I deem it appropriate to dispose of the writ petition, directing the respondents that, in case, if the document is presented for registration, the same shall be received and be considered for registration, provided necessary stamp duty and registration charges are paid as per the guidelines and Rules in force. It is also made clear that if there are any objections for registration of the document, it is for the registering authority to record such reasons and communicate the same to the petitioner, as contemplated under Section 71 of the Registration Act. It is also made clear that, in case, if there is any dispute with regard to stamp duty payable by the petitioner, it is also open for the registering authority to take steps in accordance with the provisions of the Indian Stamp Act. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 10th August 2010 N.B: Furnish C.C. in three days. (b/o) ajr