IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO.2363 of 2008 Between: Danduri Alluramma, W/o Channaiah, r/o Ist Ward, Markapur, Prakasam District. ...PETITIONER AND Joint Sub Registrar-I, Markapur, Prakasam 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 issue a writ of mandamus or any other appropriate writ or direction declaring the order dated 3-1-2008 passed by the respondent as illegal and arbitrary and consequently direct the respondent to register the document presented by the petitioner and pass such other or further order or orders as deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.GANGA RAMI REDDY Counsel for the Respondent: GP FOR REVENUE The Court made the following: THE HON'BLE MR JUSTICE N.V.RAMANA WRIT PETITION NO.2363 of 2008 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the order dated 03.01.2008 passed by the respondent as illegal and arbitrary with a consequential direction to the respondent to register the document presented by her. It is the case of the petitioner that she is the absolute owner and possessor of the land admeasuring an extent of Ac.0.75 cents in survey No.443/1 of Markapur Village and Mandal, which was bequeathed in her favour by her brother-one Parriyamala Alluraiah under a registered gift deed No.525/99 dated 07.05.1999. The grievance of the petitioner is that she entered into an agreement of sale with Sri Kambam Subba Rayudu and Ekkoni Venkata Narayana on 18.06.2007 and approached the respondent for registration of the said gift deed. The respondent refused to register the same on the ground that her brother cancelled the gift deed through document No.3641 of 2006 dated 23.11.2006. The respondent has not issued any notice to the petitioner while accepting the registration of cancellation deed. She filed a suit in O.S.No.500 of 2006 on the file of the Junior Civil Judge, Markapur against her brother and five other persons for permanent injunction, which was decreed on 07.05.2007. Then, she approached the respondent and produced the judgment and decree. In spite of the same, the respondent refused to accept the gift deed and register the same. When the matter is taken up for admission, learned Assistant Government Pleader for Revenue, on instructions, submitted that the petitioner has not produced any document before the respondent for registration. He, however, submitted that if the petitioner approaches the respondent, he would certainly receive the documents to be presented by the petitioner for registration. It seems that the petitioner has not even presented any document for registration and much before filing, she sent legal notice and consequently, reply was given. It is stated by the respondent in the counter affidavit at para 10 as under. “I submit that if the petitioner presents the document, the same will be processed in accordance with the provisions of Stamp Act and Registration Act, more particularly with reference to Sections 32, 32-A, 34, 35, 52 and rules made thereunder and if there are any reasons for refusal to register, reasoned order will be passed under Section 71 of the Registration Act and therefore, absolutely there are no merits in the writ petition and it is liable to be dismissed.” In view of the above stand taken by the learned Assistant Government Pleader for Revenue; I deem it appropriate to dispose of the Writ Petition with the following directions: The respondent, namely the Joint Sub Registrar-I, Markapur, Prakasam District, is directed to receive and process the documents to be presented by the petitioner for registration in respect of the land in question, and register the same, if the same are otherwise in order. In the event, if there are any objections for registering the said documents, it is open for the respondent to make an endorsement to that effect, record reasons and communicate the same to the petitioner. Accordingly, the Writ Petition is disposed of. No costs. ______________ (N.V.RAMANA, J) 19th June 2008 RRB