HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17380 of 2010 Dated: 10-08-2010 Between: D. Venkaiah. … Petitioner And Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17380 of 2010 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in not registering the sale deed submitted by the petitioner, pertaining to the land covered by Survey No.562 of Pernametta village of Santanutalapadu Mandal in Prakasam District, as illegal and arbitrary. It is the case of the petitioner that one Mr.Abburi Venkaiah is the owner and possessor of the land admeasuring Ac.2.56 cents, covered by Sy.No.562 of Pernametta village. It is also stated that with regard to the aforesaid land, Pattadar Pass Books have been issued to him and his name is also recorded as Pattadar and possessor in Adangals. Petitioner states that he has entered into an agreement with the said owner to purchase an extent of Ac.1.00 cents, but the same is not being considered for registration. It is stated that Sri Abburi Venkaiah, who is the present owner, has got this land vide a registered document, bearing No.1412, dated 04.12.1928. A counter affidavit is filed on behalf of respondent No.3. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the petitioner has not presented any document before the 3rd respondent so as to consider the same for registration, but at the same time, it is stated that the land in question is shown as Anadheenam (Assessed Waste Dry land) as per the communication sent by the Mandal Revenue Officer on 08th March 2007. The petitioner claims that the land in question is a private patta land. He also relies on certain documents, namely Pattadar Pass Books and Title Deeds, which are also statutory documents issued under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971. However, in the counter affidavit filed by the 3rd respondent, it is stated that no document is presented by the petitioner, so as to consider it for registration. Under the scheme of the Registration Act, when a document is presented, it has to be accepted and be considered for the purpose of registration. However, if there are any objections, it is for the registering authority to record such reasons and communicate the same, as contemplated under Section 71 of the Registration Act. In this case, as the document was not at all presented, there was no occasion for the registering authority to consider the claim of the petitioner. As much as it is the case of the petitioner that the original owner is already recorded as pattadar and possessor in the revenue records and pattadar Pass Books are already issued to him and that he has purchased the aforesaid lands as early as on 04.12.1928, I deem it appropriate to dispose of this writ petition, permitting the petitioner to present the document for registration, along with supporting material i.e. Pattadar Pass Book, to show that the land in question is recorded as private patta land in the registers prepared under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971. If the document is presented along with such material, the registering authority shall consider such material also, for the purpose of registration, provided the document is in accordance with the provisions of the Indian Stamp Act and the Registration Act. If, for any reason, the document is not to be registered, the reasons shall be recorded and communicated to the petitioner, within a period of three weeks from the date of presenting the document. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 10th August 2010 N.B: Furnish C.C. in two days. (b/o) ajr