IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 26161 of 2008 Between: 1 M/s. Lakshmi Gayathri Developers, Hyderguda, Hyderabad, Rep by its Managing Partner, Kanapuram Ramulu, s/o. Ashappa 2 K. Sambasiva Rao, S/o. Venkatappaiah, R/o. Nizampet Road, Hyderabad. 3 M. Srinivas, S/o. Hanumanthu, R/o. Jummerath Bazar, Hyderabad. ..... PETITIONERS AND The Sub-Registrar, Sanga Reddy, Medak District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a WRIT OF MANDAMUS or any other appropriate Writ or Writs, Order or Direction, declaring the action of the respondent in not registering the documents presented by petitioners in respect of lands of Sy.Nos.297/F/2, 296/C, 297/C, 297/A, 297/D and 297/E situated at Muthangi Village, Patancheru Mandal, Medak District, as illegal and arbitrary, and consequently direct the respondent to register the documents presented before him by the petitioners in respect of above lands; Award Costs, and pass Counsel for the Petitioners:MR.N.SRIDHAR REDDY Counsel for the Respondent: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26161 of 2008 ORDER: First petitioner, who claims to be owner of land admeasuring Acs.6.12 in survey Nos.297/F2 (Acs.2.00), 296/C (Acs.1.10), 297/C (Acs.1.04), 297/A (Ac.0.22), 297/D (Ac.0.27) and 297/E (Ac.0.29) situated at Muthangi Village, Patancheru Mandal, Medak District, sold land in survey No.297/F2 and 297/E to second petitioner under registered agreement of sale-cum-General Power of Attorney. It also sold another extent of Ac.1.09 in Survey No.297/F2 and 297/E favour of second petitioner under another registered agreement of sale-cum- Irrevocable General Power of Attorney. It appears that property/land was demarcated into 74 plots and already 40 plots were sold through agreements of sale. Plot Nos.46 and 41 were sold and documents were presented on 24.10.2008 and 29.10.2008. Documents submitted on earlier date were received and they were assigned document Nos.1317/08 and 1318/08, but documents presented on later date were not received. Therefore, instant writ petition is filed seeking inter alia a direction to the respondent to register the documents. This Court heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue (General-Telegana Area). It is no doubt true that when a document is presented, it is incumbent on the part of the Registering Officer to examine the same with reference to Sections 31 to 36 of the Registration Act, 1908 (the Act, for brevity) and/or Rules 26 and 58 of the Andhra Pradesh Rules under the Act. This aspect of the matter was considered by my learned brother Hon’ble Sri Justice A.Gopal Reddy in W.P.No.15199 of 2004, dated 01.09.2004. Following the above, this writ petition is disposed of directing the respondent or any other Registering Officer to accept the documents presented by the petitioners and consider the same for registration. Be it noted, if for any reason, the documents presented are not registered, it is incumbent on the part of the Registering Officer to record and furnish reasons under Section 71 of the Act. Even thereafter, if the petitioners have any grievance, they may file appeal before the appellate authority under Section 72 of the Act. Thereafter, if any adverse order is passed by the appellate authority, the petitioners can file a suit under Section 77 of the Act. There shall be no order as to costs. _____________ (V.V.S.RAO, J) 01st December, 2008 GHN To 1 The Sub-Registrar, Sanga Reddy, Medak District. 2 2CCs to GP for Revenue 3 2CD copies Form-NIC-OGS/WP{RLD}