THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22509 of 2010 Date: 14.12.2010 Between: M. Timmaiah and others ..... Petitioners AND The District Registrar of Assurances, Stamps & Registrations, Kurnool and another .....Respondents Counsel for the Petitioners: Mr. Shafath Ahmed Khan Counsel for Respondents: Assistant Government Pleader for Revenue The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of respondent No.2 in refusing to receive the documents to be presented by the petitioners for registration in respect of the land admeasuring Acs.3.25 cents in survey No.655/B of Kallur Mandal, Kurnool District as illegal and arbitrary. The petitioners sought for a consequential direction to respondent No.2 to receive and register the documents. Though time was taken twice, no counter-affidavit has been filed by the respondents nor instructions have been reported by the learned Assistant Government Pleader for Revenue appearing for the respondents. According to the petitioners, the aforementioned land is their ancestral property and there is absolutely no reason for respondent No.2 not to entertain the documents for registration. Under the provisions of the Registration Act, 1908 (for short ‘the Act’), every document presented for registration shall be registered except in cases which fall within the provision of Section 22-A of the Act. If respondent No.2 has reasons to refuse registration, he shall make an endorsement supported by reasons for such refusal under Section 71 of the Act and communicate the same to the party, which presented the document for registration. Therefore, respondent No.2 is directed to receive the documents that may be presented by the petitioners in respect of the aforementioned land. If the facts pleaded by the petitioners as noted above are correct, he shall register the documents. Conversely, if he has reasons for refusal of registration, he shall pass an appropriate order under Section 71 of the Act and communicate the same to the petitioners within a period of four weeks of the presentation of the documents by them. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.28690 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 14th December, 2010 GHN