IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2738 of 2009 Between: 1 AATISH AGARWAL, S/o. Mahender Kumar, Agarwal, R/o.H.No.16-11-741/5/1/C, Flat No.101, 1st Floor, Vijetha Heights, Moosarambagh, Hyderabad-500 035 2 UTTAM AGARWAL, S/o. Mahender Kumar, Agarwal, R/o.H.No.16-11-741/5/1/C, Flat No.101, 1st Floor, Vijetha Heights, Moosarambagh, Hyderabad-500 035 3 MAHENDER KUMAR AGARWAL, S/o. Laxmi Chand, R/o.H.No.16-11-741/5/1/C, Flat No.101, 1st Floor, Vijetha Heights, Moosarambagh, Hyderabad-500 035 4 RAJENDER AGARWAL, S/o. Laxmi Chand, R/o. Plot No.143, Tejaswi Nagar Colony, Attapur, Ranga Reddy District. ..... PETITIONERS AND 1 The District Registrar, Stamps and Registration, Rang aReddy district, at Moosa pet, Hyderabd. 2 THE SUB REGISTRAR, Stamps and Registration, 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 pass an order, direction or writ more particularly one in the nature of Writ of mandamus declaring the action of the respondents in not entertaining the sale deeds for registration relating to the Land admeasuring Ac.2.16 Gts. in Sy.no.103/17 and Ac.2.16 Gts in Sy.No.103/19/a., situated at Shamshabad Village and Mandal, Ranga Reddy District as it being illegal, unjustified and for a consequential direction to the respondents 1 and 2 to entertain such sale deed and release the same after due registration in accordance with law and not to with hold the same on the ground that the subject property is covered by Section 22-A (b) of the Registration Act, 1908. Counsel for the Petitioners :MR.K.LAKSHMAN Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The petitioners state that they have presented sale deeds for registration before the second respondent in respect of the land in Survey Nos.103/19/A and 103/17 of Shamshabad Village and Mandal, Ranga Reddy District. The grievance of the petitioners is that the second respondent is refusing to receive the documents, much less to admit them to registration. They seek appropriate directions in this regard. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. The Registration Act, 1908 (for short ‘the Act’) 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 documents presented by the petitioners. In case the documents 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 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.13-02-2009. GJ