refusing to receive and register the sale deed sought to be presented by the petitioners only on the ground that the Resurvey and Settlement Register (RSR) contained dots is questioned in this Writ Petition. This Court repeatedly held that mere entry in the RSR will not constitute conclusive proof of title. Therefore, respondent No.4 is directed to receive the document sought to be presented by the petitioners for registration without reference to the dots in the RSR and process the same under Section 71 of the Registration Act, 1908.

HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.474 of 2013

Dated 04.01.2013

Between:

Mekala Pedda Venkata Subbaiah

And another.

          …Petitioners

And

The State of A.P., reptd by its

District Collector, Y.S.R.Kadapa District,

and three others.

          …Respondents

Counsel for the petitioners: Sri V.R.Reddy Kovvuri

                                              

Counsel for the respondents: AGP for Revenue

 

The Court made the following:

                                                                                    

ORDER:                           

Action of respondent No.4 in refusing to receive and register the sale deed sought to be presented by the petitioners only on the ground that the Resurvey and Settlement Register (RSR) contained dots is questioned in this Writ Petition.

This Court repeatedly held that mere entry in the RSR will not constitute conclusive proof of title. Therefore, respondent No.4 is directed to receive the document sought to be presented by the petitioners for registration without reference to the dots in the RSR and process the same under Section 71 of the Registration Act, 1908.

If respondent No.4 has legally sustainable reasons for the refusal to register the document, he shall pass an order giving reasons therefor and communicate the same to the petitioners, and conversely, he shall register the document (s) that may be presented by the petitioners subject to the petitioners complying with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. He shall complete this exercise within a period of one month from the date of receipt of the document/s from the petitioners.

Subject to the above directions, the Writ Petition is disposed of.

As a sequel, W.P.M.P.No.585 of 2013 is dismissed as infructuous.

__________________________

JUSTICE C.V.NAGARJUNA REDDY

04^thJanuary, 2013             

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