IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 26481 of 2008 Between: Sri Botta Narasimha Murthy (Male, Hindu) S/o. Late Krishna R/o. D.No. 14-1-10, Navroji Road, Maha Rani Peta, Visakhapatnam - 530 002. ..... PETITIONER AND The Sub-Registrar, Visakhapatnam. .....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 any writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in refusing to receive and register the gift settlement deed executed by the petitioner in favour of his daughter Praveena towards pasupu kumkuma dt. 19-08-2008 presented for registration, without disclosing that the property covered by the gift deed is within the notification issued by the State Government of A.P. Under Section 22-A of Act, 19 of 2007 as illegal, arbitrary, capricious and violative of Article 14 and 300-A of the Constitution of India and consequently to direct the respondent to receive the said document, register and release the same. Counsel for the Petitioner:SMT.N.(P).ANJANA DEVI, SATYANARAYANA 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.26481 of 2008 ORDER: Petitioner was allegedly gifted land admeasuring about 166 sq. yards in plot No.3 (P) in T.S. No.1196 in block No. 56 of Waltair Ward of Greater Visakhapatnam Municipal Corporation by his mother under registered gift/settlement deed dated 19.09.1983. It appears that his mother got it under gift deed dated 04.03.1970 executed by her parents i.e., petitioner’s maternal grandparents, who purchased the same under registered sale deed dated 02.12.1953. Be that as it is, petitioner gifted 1/6th share of this property to his daughter - Smt. Praveena at the time of her marriage. Accordingly, he executed gift deed dated 19.08.2008 and submitted the document in the office of sole respondent herein. Alleging that respondent refused to receive said document, petitioner filed instant writ petition seeking a direction to respondent to register the document. This Court heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. It is no doubt true that when a document is presented for registration, 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 document presented by the petitioner and consider the same for registration. Be it noted, if for any reason, the document presented is 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 petitioner has any grievance, he 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 petitioner can file a suit under Section 77 of the Act. There shall be no order as to costs. _____________ (V.V.S.RAO, J) 04th December, 2008 PNB/GHN To 1 The Sub-Registrar, Visakhapatnam. 2 2CCs to 3 2CD copies Form-NIC-OGS/WP{KBJ}