IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5045 of 2008 Between: Smt.Shakeera Begum W/o. Late Samiullah Khan R/o. H.No. 18-7-206/15/A, Shamnagar, Talabkatta, Hyderabad. ..... PETITIONER AND 1 The District Registrar Stamps & Registration Department Moosapet, Hyderabad. 2 The Joint Sub Registrar Office of the District Registrar Moosapet, Hyderabad. .....RESPONDENTS 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 issue a writ or any appropriate writ or writs or direction/s more particularly in the nature of writ of mandamus declaring the intimation of refusal dt. 17-12-2007 issued by the 2nd respondent and thereby refusing to register the sale deed dt 5.8.2005 vide document bearing No.P.819/2005 as being illegal, arbitrary and unconstitutional and consequently direct the respondents to receive the sale deed dt 5.8.2005 and register the same and be pleased to pass such other/s as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:SRI B.VIJAYSEN REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5045 of 2008 ORDER: The petitioner purchased plot No.96 in survey Nos.223 and 224 situated at Bandlaguda Khalsa Village of Rajendranagar Mandal in Ranga Reddy District from Shed Shah Ghiyas Ul Haq represented by his General Power of Attorney (GPA) holder under a sale deed dated 05.08.2005. The sale deed was presented by the GPA holder of the vendor and the petitioner in the office of the second respondent. The same, being document No.P.819/2005, was kept pending and the second respondent issued intimation of refusal dated 17.12.2007, which reads as under. GOVERNMENT OF ANDHRA PRADESH REGISTRATION AND STAMPS DEPARTMENT OFFICE OF THE DISTRICT REGISTRAR RANGA REDDY DISTRICT. Dt:17-12-2007 Notice No.640/OB/2007 17/12/2007 Refusal Order No.17/2007. INTIMATION OF REFUSAL It is hereby informed that the document executed by Sri Shed Shah Ghiyas Ul Haq in favour of SHAKERA BEGUM and presented before the joint Sub-Registrar-II R.O.(OB) Ranga Reddy District and admitted as P.No.819/2005 has been refused registration for the following reasons. 1. The survey nos. mentioned in the document fall under Municipal Corporation of Hyderabad limits. Hence refused for want of jurisdiction. The refusal order has passed by the undersigned on 17/12/2007. A copy of it will be granted to the party upon application to the undersigned. An appeal against the refusal order lies to the District Registrar Ranga Reddy District within (30) days from the date of refusal order. Date:17/12/2007 Joint Sub-Registrar-II R.O.(0B) Ranga Reddy. In this writ petition filed challenging the above communication, learned Counsel for the petitioner submits that the other sale deeds executed by the petitioner’s vendor were registered by the second respondent, and therefore, rejection of registration is discriminatory. Secondly, it is the submission of the learned Counsel that respondents are estopped from denying the facility of registration, as sale deeds regarding property in the same survey numbers were already registered. These contentions are refuted by the learned Assistant Government Pleader placing reliance on Sections 72 and 73 of the Registration Act, 1908 (the Act, for brevity). This Court after giving due consideration, is of considered opinion that having regard to Sections 72 and 77 of the Act, a writ petition for directing a registering authority to register a document, which is kept pending, cannot be granted. 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 Act 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. If the petitioner has any grievance with regard to intimation of refusal, she may file appeal before the appellate authority under Section 72 of the Act. As and when the appeal is filed by the petitioner before the first respondent, the same shall be disposed of within a period of ten days from the date of presentation of the appeal after giving notice to the petitioner. Thereafter, if any adverse order is passed by the appellate authority, the petitioner can file a suit under Section 77 of the Act. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 25.11.2008 vs To 1 The District Registrar Stamps & Registration Department Moosapet, Hyderabad. 2 The Joint Sub Registrar Office of the District Registrar Moosapet, Hyderabad. 3 2CCs to G.P For Revenue, High Court of A.P., Hyderabad. 4 2CD copies Form-NIC-OGS/WP{KSRANI}