IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4049 of 2009 Between: 1.Shareefa Bee W/o.Moualali R/o.H.No.40-288,Bangarupeta Kurnool,Kurnool District 2.Khaja Bee W/o.Hayeth Miya R/o.Ulchala village, Kurnool mandal, Kurnool District 3.Raziya Bee W/o.Sultan Miya R/o.Ashoknagar,Kurnool Kurnool District 4.Fatima Bee W/o.Mahaboob Miya R/o.4-288,Bangarupeta Kurnool Kurnool District 5.Noorjahan W/o.Khader Basha R/o.4-288,Bangarupeta Kurnool, Kurnool District 6.Mumthaj Begum W/o.Mosin Khan R/o.4-288,Bangarupeta Kurnool, Kurnool District ..... PETITIONERS AND 1 The Sub-Registrar, Kurnool,Kurnool District 2 The District Registrar, Kurnool Kurnool District .....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 declaring the action of the Respondent No.1 and 2 in not entertaining and registering the sale deeds in favour of the purchasers of the petitioners in respect of their land in SY.No.218 to an extent of Ac.6.55 cents out of Ac.19.65 cents of Kalluru village,Kurnool Mandal and District is arbitrary, illegal, for want of conclusive proof that it is a Wakf land and consequently direct the respondents No.1 and 2 to register the sale deed of the petitioners in favour of their purchasers in respect of the above stated land without withholding the same on account of section 22A of AP Amending Act 19/2007 to the provisions of the Registration Act 1908. Counsel for the Petitioners: MR.U.RAMANJANEYULU Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.4049 of 2009 ORDER: The petitioners state that they have presented sale deeds for registration before the respondents in respect of the land in Survey No.218 of Kalluru Village, Kurnool Mandal and District. The grievance of the petitioners is that the respondents are refusing to receive the documents, much less to admit them to registration. They seek appropriate directions in this regard. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. The Registration Act, 1908 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 respondents to receive the documents presented by the petitioners. In case, the documents can be admitted to registration, they 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 documents cannot be admitted to registration, the reasons therefor shall be communicated to the petitioners within the same time. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.02.03.2009 VGB