THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6659 of 2010 25.3.2010 Between: Smt.G.Padma, W/o.Krishna Rao …Petitioner and The State of Andhra Pradesh, represented by its Secretary, Revenue Department, Secretariat Building, Hyderabad and others …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6659 of 2010 ORDER: The fifth respondent is allegedly owner of land admeasuring Acs.3.18 in survey No.28/3 of Kommadhi Village in Visakhapatnam District. The petitioner intends to purchase the said land. He addressed a communication dated 22.12.2009 to the Sub Registrar – fourth respondent; seeking date and time for registration of the document, who in turn addressed a communication to third respondent, who by letter dated 20.1.2010 informed petitioner that total extent of land in survey No.28 is Acs.43.08 and that sub-division 28/3 does not exist in the revenue records. The petitioner sought for copies of I-B Register and Settlement Fair Adangal of Kommadi Village from the Office of third respondent. The office informed that the records sought for by petitioner are not available in the Office. He then filed appeal under the Right to Information Act 2005. The appellate authority by order dated 08.6.2009 informed that the records, which are not issued to petitioner, are in torn condition. According to the petitioner, with regard to survey No.28/2 a writ petition being W.P.No.26875 of 2009 and this Court passed interim order in the said writ petition. Petitioner contends that pattadar passbooks and title deeds issued in favour of fifth respondent would show that survey No.28/3 is patta land and, therefore, there is no objection for respondents to register the document. Therefore, the writ petition is filed. This Court heard the counsel for petitioner and the Assistant Government Pleader for Revenue (Andhra Area). 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 Act and/or Rules 26 to 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 01.9.2004. Following the above, the writ petition is disposed of directing fourth respondent or any other Registering Officer to consider the document presented by the petitioner for registration. The Registering Officer shall consider the document with reference to the sub-division number and the pattadar passbooks and title deeds showing fifth respondent as owner and possessor of the land admeasuring Acs.3.18 in survey No.28/3 situated at Kommadhi Village. 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 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. The writ petition is accordingly disposed of. No costs. ________________ March 25, 2010. (V.V.S.RAO, J) YS