IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27154 of 2007 Between: Silpa Real Estates, Rep.by its Partner S.Pratap Reddy S/o.Sri S.K.Chenna Reddy R/o.Jubilee Hills, Hyderabad ..... PETITIONER AND 1 The Collector and District Magistrate, Kurnool District at Kurnool 2 The District Registrar, Stamps and Registration Kurnool District 3 The Sub Registrar, Stamps and Registration 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 a writ order or direction more especially one in the nature of writ of mandamus declaring the action of the respondents not receiving the sale deeds presented for Registration in Sy.No.43 and 349 in Lay out No.27./2003 situated at Dinnedevarapadu village, Kurnool Mandal and District as illegal, and untenable and consequently direct the 3rd respondents to receive the documents and Register the same and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:SRI P.SRI RAGHU RAM Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27154 of 2007 ORDER: The petitioner is a firm, who purchased land admeasuring Acs.14.00 in survey No.43, and Acs.9.11 in survey No.349 of Dinnedevarapadu Village, Kurnool Mandal and District, under registered sale deeds. The petitioner also purchased another extent of Acs.9.07 cents in survey No.349 from another vendor. Petitioner obtained necessary permission for layout, being L.P.No.27 of 2003, and executed sale deeds in favour of purchasers. When they were presented before the third respondent, allegedly, he did not accept the same for registration. A memo was issued on 23.02.2003 informing that the lands in survey Nos.43 and 349 of Dinnedevarapadu Village are notified as wakf property. The petitioner then filed W.P.No.7683 of 2005. This Court disposed of the writ petition on 28.04.2005 directing the third respondent to receive the documents and process the same as per law. But, the third respondent did not receive the documents in view of the amendment to Registration Act, 1908, by A.P.Act No.19 of 2007. Therefore, the petitioner filed the instant writ petition. In the affidavit accompanying the writ petition it is nowhere stated that after the disposal of the writ petition, being W.P.No.7683 of 2005, petitioner submitted the documents again. Therefore, it is not proper to express any opinion on the controversy. It is no doubt true that when a document is presented, it is incumbent on the part of the Registering Officer to examine the same with reference to Sections 31 to 36 of the Registration Act, 1908 (the Act, for brevity) and/or Rules 26 and 58 of the Andhra Pradesh Rules under the Act. This aspect of the matter was considered by my learned brother Hon’ble Sri Justice A.Gopal Reddy in W.P.No.15199 of 2004, dated 01.09.2004. Following the above, this writ petition is disposed giving liberty to the petitioner to submit sale deeds executed in favour of purchasers before the third respondent. As and when they are submitted, the third respondent is directed to accept the documents presented by the petitioner and consider for registration. Be it noted, if for any reason, the documents presented are not registered, it is incumbent on the part of the Registering Officer to record and furnish reasons under Section 71 of the Act. Even thereafter, if the petitioner has any grievance, he may file appeal before the appellate authority under Section 72 of the Act. Thereafter, if any adverse order is passed by the appellate authority, the petitioner can file a suit under Section 77 of the Act. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 21.11.2008 vs To 1 The Collector and District Magistrate, Kurnool District at Kurnool 2 The District Registrar, Stamps and Registration Kurnool District 3 The Sub Registrar, Stamps and Registration Kurnool District 4 2CCs to G.P For Revenue, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{TRK}