IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8717 of 2008 Between: Chodisetty Someswara Rao S/o.Lakshminarayana Palakollu Mandal, West Godavari District. ..... PETITIONER AND 1 The Sub-Registrar Narsipatnam Registrar Office, Narsipatnam, Visakhapatnam District. 2 The District Registrar, Visakhapatnam. ...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 a Writ, order, direction especially one in the nature of Writ of Mandamus declaring the action of the 1st respondents in not registering the Sale Deed tendered for registration with P.No.14/2007 dated 25.4.2007 is illegal, arbitrary and contrary to provisions of Registration Act and the Rules made there under, consequently direct the 1st respondent to release the Document forthwith and pass such other order or orders. Counsel for the Petitioner: MR.CH.RAVINDER Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: It is the case of the petitioner that he purchased different extents of land situated at Pappusettypalem Village, Golugonda Mandal, Narsipatnam Sub-Division, Visakhapatnam District individually on 25.4.2007 and presented the document for registration along with others. At the time of registration it was informed to him by the 1st respondent that the documents will be released within one week after completing the necessary formalities and pending registration No.14/07 was given. As the document has not been released for the last one- year he filed the present writ petition seeking a direction to the 1st respondent to release the document forthwith. On 21.4.2008, the matter came up for admission and the learned Government Pleader took time for getting instructions. Today, he submits that the property situated at Pappusettipalem Village relating to S.Nos.76/2, 83/2, 93/1, 93/3, 95/3, 95/4, 95/5 and 95/6 are assigned lands as per computer and the Mandal Revenue Officer, Golugonda certified that the above lands are not assigned lands. But as per Circular Memo No.1/15653/2006 of Inspector General of Registration and Stamps, Hyderabad dated 13.11.2006, the document P.No.14/2007 has been referred to Collector for confirmation of Mandal Revenue Officer’s Certificate dt. 28.4.2007 and, therefore, the matter was kept pending without releasing the document. Learned counsel for the petitioner submits that the lands are not assigned lands and they are patta lands and there is no reason to keep the document pending for more than one year. The learned Government Pleader sought some more time to get clarification from the District Collector but, in the facts and circumstances of the case, I think that it would not be proper to grant some more time. Once the documents are presented for registration, the Sub-Registrar shall either register the same or return but it is not proper for him to keep the documents pending for years together that too in the light of the certificate issued by the Mandal Revenue Officer stating that the lands are patta lands. Even if he wants any clarification, he shall get the same in a reasonable time and shall not keep the matter pending. Therefore, without going into the merits of the matter, the 1st respondent – Sub-Registrar, Narsipatnam is granted six weeks time from the date of receipt of a copy of this order to get proper instructions from the District Collector as to whether the lands are patta lands or assigned lands. In case if he fails to get any clarification from the District Collector within the stipulated time, he shall get the documents registered and release the same. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.23.4.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Sub-Registrar Narsipatnam Registrar Office, Narsipatnam, Visakhapatnam District. 2 The District Registrar, Visakhapatnam. 3 2CCs to G.P. for Revenue, High Court of A.P. Hyd )OUT_ 4 2CD copies