IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.20489 OF 2004 DATED:12.11.2010 Between: N. Lakshminarayana and another … Petitioners And The Sub-Registrar of Assurance & Registration, Renigunta, Chittoor District … Respondent THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.20489 OF 2004 ORDER: In this Writ Petition, the petitioners seek a direction by way of Mandamus to declare the action of the respondent in not releasing the sale deeds bearing document Nos.33 and 34 of 2004 presented by the petitioners for registration on 08.10.2004, as illegal and arbitrary. It is the case of the petitioners that the first petitioner has purchased Acs.2.00 of land covered by Sy.No.535/1 of Yerramareddipalem Village, Renigunta Mandal, Chittoor District, for a consideration of Rs.60,000/- from its earlier owner – Palamakula Nagur, S/o. P. Chengalrayulu and the said Palamakula Nagur has executed the sale deed on 08.10.2004. It is stated that similarly, the second petitioner has purchased Acs.2.00 of land in the same survey number of the village from the same vendor who also executed another sale deed on the same date, i.e., on 08.10.2004. It is the case of the petitioners that the above said property is ancestral property of the vendor of the petitioners by name Palamakula Nagur, who executed the documents and conveyed the land in favour of the petitioners. In this Writ Petition, it is the grievance of the petitioners that when such documents were presented for registration, the respondent having registered the said documents is not releasing the same without any reason or justification. A counter affidavit is filed by the respondent. In the counter affidavit, while denying the various allegations made by the petitioners, it is stated that the lands covered by Sy. No.535/1 of Yerramareddipalem Village are classified as Government lands as per the Basic Register supplied by the Revenue Department in the year 1998. It is further stated that the documents which were presented for registration were not registered and the same were kept pending in view of the fact that the said lands are Government lands, but not patta lands as claimed by the petitioners. Under the scheme of the Registration Act, 1908 (for short, “the Act”), if any documents are presented for registration, in normal course they have to be registered, and if, for any reason, the documents cannot be registered, it is obligatory on the part of the registering authority to record reasons as specified under Section 71(1) of the Act. Merely on the ground that the lands, with regard to which the sale deeds are presented for registration, are shown as Government lands, the documents cannot be kept pending without registration and without passing any order under Section 71(1) of the Act. In that view of the matter, this Writ Petition is disposed of with a direction to the respondent – Sub-Registrar to consider for registration of the documents presented by the petitioners. However, it is made clear that if there are any reasons for refusal of registration of the documents, the respondent shall record the reasons as early as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. No order as to costs. _____________________ R. SUBHASH REDDY, J 12.11.2010 bnr