THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 16794 OF 2011 Date: 04.07.2011 Between:- B.Venkateswara Reddy … Petitioner And The District Registrar and another … Respondents This Court made the following: THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 16794 OF 2011 O R D E R: The petitioner complaining that the representation submitted by him on 16.02.2011 to the District Registrar, Kurnool, is not yet disposed of, filed this writ petition. It is stated by the petitioner that he has proposed to purchase Ac.0-40 cents of land situated in survey No.70/W/1, at Joharapuram village, Kurnool Mandal and District. When he tried to find out from the office of the Sub-Registrar, as to whether any notification has been published in accordance with Section 22(A) of the Registration Act, 1908, no information was forthcoming. Hence, he submitted a representation on 16.02.2011, to the District Registrar. Even this representation has not been attended to so far and hence, he filed the present writ petition. It should also be noted at the same time that when he sought for information under Right to Information Act, 2005, the Collector has pointed out in his response on 25.11.2011 that no such notification in terms of Section 22(A) of the Act has been received by the Collector. Section 17 of the Act, specified the classes of documents which shall be compulsorily registered. Of them, any non-testamentary instrument, which purported to create any right, title or interest, whether vested or contingent of the value of Rs.100/- and upwards in relation to or any immovable property, is one such class of instruments, set out under Section 17 of the aforementioned Act. Section 22A of the Act, as amended by A.P.Act 19 of 2007, brings out in detail the classes of documents, which have been prohibited from being registered by the Sub-Registrar concerned. In terms of Section 71 of the Act, every Sub- Registrar refusing to register a document, except on the ground that the property to which it relates is not situated 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 either executing or claiming under the document, furnish him a copy of the reason so recorded without payment and without any unnecessary delay. It is, therefore, abundantly clear that any non-testamentary document creating a right, specified under Section 17 of the Act is presented for registration, the same shall have to be received, processed and appropriate decision has to be taken therein keeping in view the prohibitions contained under Section 22(A) of the Act and then follow up action has to be taken as is required by Section 71 of the said Act. Therefore, this writ petition is disposed of directing the 2nd respondent not to refuse to receive or entertain the document presented by the petitioner and deal with the same in accordance with law. There shall be no order as to costs. ______________________________ NOOTY RAMAMOHANA RAO, J 4th July 2011 lmv THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 16794 OF 2011 Date: 04.07.2011 lmv