IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 26620 of 2008 Between: Achanta Rajanna, S/o. Achanta Srihari Rao, R/o. 3-11-1A, R/o. Chinna Brahmadevam, Peddapuram Mandal, East Godavari District. ..... PETITIONER AND 1 The District Registrar, East Godavari District at Kakinada. 2 The Sub-Registrar, Peddapuram, East Godavari 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 to issue any appropriate Writ, orderor directino more in the nature of Writ of Mandamus directing the Respondents herei to register and return the sale deed in respect of the property bearing Sy.No. 152/1 i.e., part-1 Ext. Ac. 4-03 centsor 1.632 Hectares and Part-2 extent Ac. 9-05 cents situated at Peddapuram Village, Peddapuram Mandal and Municipality, East Godavari District which was presented for registration and which was kept pending for registration by assingning the pending registration No. P. 82 of 2008 without assigning any reasons by duly declaring the action of the Respondents in not registering the sale deed presented by me for registration as illegal, arbitrary and contrary to the provisions of the Registration Act 1908 and the Indian Stampt Act 1899 as amended by A.P. Act No. 19/2005 Counsel for the Petitioner: MR.M.NAGA RAGHU Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26620 of 2008 ORDER: The petitioner statedly purchased an extent of Acs.13.08 in survey No.152/1 of Peddapuram Village in East Godavari District from Tammana Gundaiah Gupta through his Special Power of Attorney holder Gubbala Govinda Rao. The sale deed was submitted in the Office of the second respondent, which was kept pending as document No.P.82 of 2008. The same was not registered, aggrieved by which, petitioner is before this Court for a Mandamus directing respondents to register the sale deed. At the stage of admission itself, after getting instructions from the second respondent, learned Assistant Government Pleader for Revenue (General-Andhra Area) submits that Tammana Gundaiah Gupta addressed a letter dated 13.10.2008 denying execution of Special Power of Attorney in favour of Gubbala Govinda Rao. He also alleged that his signatures were forged on the document and the property which is sought to be demised under the document is in the Court case. In that view of the matter, this Court is not inclined to issue a Mandamus. However, the second respondent may pass appropriate orders under Section 71 of the Registration Act, 1908, within a period of one week from the date of receipt of a copy of this order, giving reasons for non- registration duly communicating the intimation of refusal to the petitioner. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 05.12.2008 vs To 1 The District Registrar, East Godavari District at Kakinada. 2 The Sub-Registrar, Peddapuram, East Godavari District. 1.2CCs to GP for Revenue 2.2CD copies Form-NIC-OGS/WP{SPJS}