IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27397 of 2008 Between: Appala Raj Kumar S/o. Ranganadham R/o. Door No. 30/63, Balaji Nagar Nellore Town & District. ..... PETITIONER AND The Sub Regisrar Nellore. .....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 an appropriate writ order or direction in the nature of writ of Mandamus declaring the inaction of the respondent to receive the sale deed dt. 13-11-2008 presented for registration as illegal arbitrary and contrary to the provisions of A.P. Rules under the Registration Act 1908 and consequently direct the Respondent to receive the sale deed dt. 13-11-2008 and consider the same according to law for registration and pass Counsel for the Petitioner:SRI G.PURUSHOTHAM REDDY Counsel for the Respondent: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27397 of 2008 ORDER: American Baptist Foreign Mission Society claims to be owner of land admeasuring Acs.9.52 in different survey numbers of Nellore. The said Society intends to sell Ac.0.50 of land along with existing structure of 435 square metres bearing Door No.7/700 in survey numbers 90/1 and 90/2 of Nellore for valuable consideration. Petitioner herein agreed to purchase the said land from the said Society and entered into sale transaction. The said Society executed a sale deed dated 13.11.2008, and statedly, the same was presented for registration before the respondent on the same day. Allegedly, the respondent refused to receive the same, aggrieved by which, the present writ petition is filed. Heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 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, 1908 (the Act, for brevity) 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 the respondent or any other Registering Officer to accept the document presented by the 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 the Registering Officer to record and furnish reasons under Section 71 of the Act. Even thereafter, if the petitioner has any grievance, he may file appeal before the appellate authority under Section 72 of the Act. Thereafter, if any adverse order is passed by the appellate authority, the petitioner can file a suit under Section 77 of the Act. There shall be no order as to costs. _____________ (V.V.S.RAO, J) 17.12.2008 vs To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}