IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.27757 of 2008 Between: 1 Thammishetti Sujatha W/o.Venkatesham R/o.Jangaon Rown, Jangaon Revenue Mandal, Warangal District. Represented by her G P A Holder, Machala Shanker S/o. Laxmaiah, aged 47 years, R/o. Jangaon Town, Warangal District. 2 Kanuganti Yadamma W/o.Kondaiah R/o.Jangaon Town, Jangaon Revenue Mandal, Warangal District. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Registration & Stamps Department, through its Sub Registrar, Jangaon, Warangal District. 2 The Joint Collector, Warangal. 3 The Tahsildar, Jangaon Mandal, Warangal 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 a Writ of Mandamus or any other appropriate Writ or Writs, order or direction declaring the action of the first respondent in not registering the documents presented by petitioners in respect of lands in Sy. Nos.326/2, 329 & 329/4 of Jangaon Village & Mandal, Warangal District, pursuant to impugned proceedings dt.1.12.2008 in Lr.No.233/2008 on the file of the first respondent, as illegal, arbitrary, without jurisdiction and to consequently direct the first respondent to forthwith receive and register the documents presented by petitioners in respect of the above property; Award costs and pass such other or further orders. Counsel for the Petitioners: MR.K.RAGHUVEER REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27757 of 2008 ORDER: Petitioners are owners of lands in survey Nos.326/2 (Acs.1.05 guntas), 329 (Acs.5.06 guntas) and 329/4 (Acs.1.33 guntas) situated at Jangaon village in Warangal District. They purchased property under registered document dated 31.7.1985. They sold these lands. Petitioners and their vendees approached first respondent for registration of document on 01.12.2008. First respondent issued impugned memo in effect refusing registration. Such refusal is based on communication of Joint Collector bearing No.E5/130/2001, dated 03.2.2001. Aggrieved by communication of first respondent dated 01.12.2008, present writ petition is filed. Learned Counsel for petitioners placed reliance on an unreported judgment of this Court in M.Lakshminarayana v The Sub-Registrar, Jangaon[1] wherein this Court considered memo/communication of Joint Collector dated 03.2.2001 and held that Joint Collector had no such authority or jurisdiction to pass order. Relevant observations in the said judgment are as follows. In my considered opinion, the order, if any, passed by the Joint Collector is binding upon the parties to the proceedings before the Joint Collector. The Joint Collector in purported exercise of the power under Section 38-D of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, could not have directed the Sub-Registrar not to entertain any documents whatsoever in respect of the lands in question. The Joint Collector has no such authority or jurisdiction to pass such an order. The interim order purported to have been passed by the Joint Collector is binding only upon the parties to the proceedings. In the circumstances, the Sub-Registrar could not have declined to accept the very documents submitted by the petitioners for registration. In the circumstances, there shall be a direction directing the first respondent–Sub-Registrar to accept the documents presented by the petitioners, scrutinize the same and if the proper stamp duty and registration fee is paid and the documents are otherwise in order shall register the same in accordance with law uninfluenced by the interim order passed by the Joint Collector. Following the same, this writ petition is also disposed of directing Sub-Registrar, Jangaon, to accept document presented by petitioners, scrutinize and admit the same for registration, if it is in accordance with the Stamp Act, 1899, and the Registration Act, 1908. As observed by this Court in M.Lakshminarayana (supra), this order shall not be construed as expression of opinion about right, title or interest of petitioners, or as an expression of right adverse to any third party not before this Court. The writ petition is accordingly disposed of. No costs. ______________ (V.V.S.RAO,J) December 23, 2008. YS To 1 The Sub Registrar, Jangaon, Warangal District. 2 The Joint Collector, Warangal. 3 The Tahsildar, Jangaon Mandal, Warangal District. 4 Two CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT) 5 Two CD copies. [1] W.P.No.13139 of 2001, dated 03.9.2001.