IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.7042 of 2009 Between: Rakesh Kumar Goyal, S/o. Late Sri Hemraj Goyal, R/o. H.No. 19-1- 912/A/31, Murali Nagar, Near Devibagh, Hyderabad. ...PETITIONER AND 1 The District Registrar, Ranga Reddy District at Moosapet, Hyderabad. 2 The Sub Registrar, Shamshabad Sub-Division, Ranga Reddy District. 3 The District Collector, Ranga Reddy District at Hyderabad. 4 The State of Andhra Pradesh, Rep by its Secretary, Revenue Department, Secretariat, Hyderabad. ...RESPONDENTS 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 or order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents in not entertaining in registering Sale deed of the petitioner relating to the land in Plot no. 5, in Sy.No. 103/19 of Shamshabad Village and Mandal, Ranga Reddy District, as arbitrary, illegal and direct the respondents No. 1 and 2 to entertain such sale deeds and release the same after due registration in accordance with law withholding the same on the ground that the subject land is covered by Sec. 22-A (B) of the Registration Act, 1908. Counsel for the Petitioner: MR.P.SUBASH Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.7042 of 2009 ORDER: The petitioner states that he presented the sale deed for registration before the Sub-Registrar, Shamshabad Sub-Division, Ranga Reddy District, the second respondent herein, in respect of Plot No.5 admeasuring 296 square yards in Survey No.103/19 of Shamshabad Village and Mandal, Ranga Reddy District. The grievance of the petitioner is that the second respondent is refusing to receive the document, much less to admit them to registration. He seeks appropriate directions in this regard. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The Registration Act, 1908 (“the Act” for brevity) and the Rules made thereunder prescribe the procedure for admitting the documents to registration. In case, a document is otherwise found to be in order, and duly stamped, it has to be admitted to registration. On the other hand, if the subject matter of a document is covered by any land mentioned under Section 22-A of the Act, or it cannot be registered for any reasons, the registering authority has to communicate the same. The refusal to receive the documents amounts to abdication of powers conferred under the Act apart from arbitrary exercise of power. Therefore, the Writ Petition is disposed of directing the second respondent to receive the document presented by the petitioner. In case, the document can be admitted to registration, he shall take necessary steps in that direction within four {4} weeks from the date of receipt of a copy of this order. On the other hand, if the document cannot be admitted to registration, the reasons therefor shall be communicated to the petitioner within the same time. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) 6th April 2009 RRB