IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 484 of 2009 Between: T.Jayaraman S/o.Thyagaraja Iyer R/o.H.No.9, K.R.Koil Street, West Mambalam, Chennai. ..... PETITIONER AND The Sub-Registrar, 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 to issue an appropriate Writ, Order or Direction, in the nature of Writ of Mandamus declaring the action of the respondent in withholding the sale deed after registration vide document P.No.2121/08 dated 29.07.2008 registered in the office of the Sub-Registrar, Nellore is illegal, arbitrary and contrary to the provisions of the Registration Act, 1908 and consequently direct the respondent to release the sale deed vide document P.No.2121/08 dated 29.07.2008 registered in the office of the respondent and pass such other order or orders. Counsel for the Petitioner:MR.M.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY W.P.No. 484 of 2009 ORDER: The petitioner purchased two items of property vide document dated 29.07.2008. The sale deed was presented to the Registrar-respondent for registration. It was given P.No.2121/08. Petitioner states that though nearly six months have elapsed, respondent has not released the sale deed nor did he assign reasons for withholding the document. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. On the one hand, the Government streamlined the process of procedure for registration of documents treating the same as an important source of revenue and on the other hand every possible hurdle is being created. By and large, the registering authorities are active and liberal in computing the stamp duty and registration fee as well as collecting them. Once the amount is collected and put in the State coffers, they exhibit their typical red tapism. In case transaction is not capable of being registered, the parties can certainly be informed so that they can take a decision whether to present document for registration at all. Persuading the parties to pay substantial amount towards stamp duty and registration charges on the one hand and keeping the document indefinitely, is nothing but unfair and arbitrary exercise of power. Even if there exists any definite and valid reasons for withholding the document, fairness demands that the respondent informs the same in writing. For all practical purposes, the respondent can be said to have temporarily misappropriated the amount deposited by the petitioner as long as the document is not released or the reasons are not furnished. The procedure adopted by the respondent cannot be appreciated and deserves to be deprecated. The writ petition is disposed of directing that the respondent shall either release the document presented by the petitioner after registration within two weeks from today and in case respondent comes across any legal hurdle in releasing the document, he shall communicate the reasons within the same time. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 20-01-2009 Note: C.C. in one week. B/o. Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}