IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 26259 of 2008 Between: M/s. Seven Hills Hospitals Limited, Visakhapatnam, Rep. by its Chairman- cum-Managing Director, Dr. Jitendradass Maganti, S/o. Late Madhusudhan Rao, Aged about 50 Years. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat Building, Saifabad, Hyderabad - 500 001. 2 District Registrar, Stamps and Registration, Registrar's Office, Near Old Post Office, Visakhapatnam - 530 001. 3 Joint Sub Registrar-I, Stamps and Registration Door No. 47-4-40, Main Road, Super Bazar Building, Market Ward, Visakhapatnam - 530 001. .....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 of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions, declaringthe action of the Respondents 2 and 3 in refusing to register and release Memorandum of Deposit of Title Deeds dated 13-10-2008 executed by the petitioner in favour of M/s. APSFC on the ground that the same is prohibited under G.O.Ms.NO. 657 dated 08-10-2001 as per Section 22-A of the Registration Act, 1908 as illegal, arbitrary and unconstitutional and to issue a consequential direction to the Respondents 2 and 3 to register and release the Memorandum of Deposit of Title deeds dated 13-10-2008 executed by the petitioner in favour of M/s. APSFC without raising any objection under the G.O.ms.No. 657 dated 08-10-2007 and pass Counsel for the Petitioner: MR.V.SRINIVAS Counsel for the Respondents : GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26259 of 2008 ORDER: The petitioner company availed about Rs.30 crores from Andhra Pradesh State Financial Corporation (APSFC) for construction of 250 Bedded Multi-specialty Hospital at Visakhapatnam. As per the procedure of APSFC, petitioner executed equitable mortgage by deposit of title deeds. When Memorandum of Deposit of title deeds was presented in the office of third respondent, he allegedly refused to accept the same on the ground that the land is prohibited for registration under Section 22-A of Registration Act, 1908. However, the document was not accepted and the same was returned. Aggrieved by the same, petitioner is before this Court seeking a writ of Mandamus for declaration and a direction for registering the document. After getting instructions, learned Government Pleader for Revenue (AA) submits that if the document is re-presented, the same will be considered in accordance with law. Heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Revenue (AA). After getting instructions, learned Government Pleader submits that if the document is re-presented, the same will be considered in accordance with law. 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 Registration 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. Following the above, this writ petition is disposed of directing third respondent or any other Registering Officer to accept the document presented by petitioner and consider for registration. Be it noted, if for any reason, the document presented is not registered, it is incumbent on the part of Registering Officer to record and furnish reasons under Section 71 of the Registration Act. Even thereafter, if the petitioner has any grievance, he may file appeal before the appellate authority under Section 72 of the Registration Act. Thereafter, if any adverse order is passed by the appellate authority, petitioner can file a suit under Section 77 of the Registration Act. There shall be no order as to costs. The writ petition is accordingly disposed of. No costs. _______________ (V.V.S.RAO, J) 08.12.2008 pln