IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4895 of 2008 Between: Kotana Demudu S/o. K. Tatababu R/o. Adireddipalem, H/o. Sabbavaram, Visakhapatnam District. ..... PETITIONER AND 1 The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Hyderabad. 2 The Sub-Registrar, Registration and Stamps Department, Sabbavaram, Visakhapatnam District. 3 The Tahsildar, Sabbavaram, Visakhapatnam District. .....RESPONDENT(S) 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, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the second respondent in keeping the document presented by the petitioner, in respect of the land in Survery No.61/1 for an extent of Ac.1.67 cents situated at Sabbavaram village and mandal, Visakhapatnam District and keeping the document pending vide P.No.22 of 2008, as being illegal, arbitrary and unreasonable and contrary to the provisions of Stamp and Registration Acts and issue a consequential direction directing the second respondent to forthwith register and release the document vide P.No.22 of 2008 presented by the petitioner and pass. Counsel for the Petitioner:MR.P.LAKSHMA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4895 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the second respondent in keeping the documents presented by the petitioner as pending, in respect of land in Survey No.61/1 for an extent of Ac.1.67 cents, Sabbavaram village and mandal, Visakapatnam as illegal and contrary to provisions of Stamps and Registration Act. The petitioner claims that land to an extent of Ac.1.67 cents in survey No.61/1, Sabbavaram village and mandal, Visakapatnam is his ancestral property and to meet his family and domestic requirements he has offered to sell the same to one Mr Satyanarayana and executed a sale deed and submitted the same before the second respondent on 12.2.2008 and the same was received vide P No. 22 of 2008 and kept pending on the ground that the Tahsildar, Sabbavaram vide proceedings dated 15.12.2007 requested the Sub Registrar to stop the transactions in survey no. 61/1 until further orders. The petitioner contends that the Sub Registrar cannot stop registration of the property based on the letter issued by the Tahsildar. Hence, the present writ petition. The Tahsildar/third respondent has issued the letter dated 15.12.2007 based on a representation from one Sri Gorle Somunaidu claiming right over the subject property through adoption. The Tahsildar is not empowered to issue such a letter to Sub Registrar to stop a transaction. Thus, the action on the part of the Sub Registrar in keeping the documents pending based on the letter of the Tahsildar dated 15.12.2008 is illegal. The learned Assistant Government Pleader for Revenue admits that the Tahsildar has no right to address a letter to the Sub Registrar to stop the transactions in respect of any property. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage. In the circumstances of the case, the 2nd respondent is directed to process the documents presented by the petitioner and register the same, if they are otherwise in order, without reference to the letter dated 15.12.2007 of the Tahsildar, Sabbavaram, expeditiously. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 10.3.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4895 of 2008 DATE: 10.3.2008