IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8269 of 2008 Between: Sanjay Kumar Agarwal S/o.Omprakash Agarwal R/o.Flat No.501, Rameshwar Apartment 21-1-929, Ghansibazar, Hyderabad. ..... PETITIONER AND 1 The State of A.P. rep. by its Secretary Revenue (Assignment), Secretariat, Hyderabad. 2 The Sub-Registrar, Chikkadpally, Hyderabad. 3 GMAC Financial Services (India) Ltd. Its regd Office at 117/1, Lattice Bridge Road, Adyar Chennai and branch office at Olbee Centre D.No.6-3-1090/A/2A Rajbhavan Road, Hyderabad, r ep. by its GPA P.Bala Krushnaiah S/o.P.Ammanna Age: 31 Yrs Occ: Employee, R/o. Hyderabad. 4 Ramesh Kumar Mittal S/o.late Nagarmal R/o.H.No.15-2-697, NR Market, Kishan Gunj, Hyderabad. .....RESPONDENT(S) 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 a Writ or order/s more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in refusing to register the sale deed dt. 13.2.2008 respect of the property bearing Municipal No. 1-2-525 admeasuring 110.44 sq yds situated at Domalguda, Hyderabad and consequently direct the respondent No.2 to register the sale deed, in respect of the property bearing Municipal No. 1- 2-525 admeasuring 110.44 sq yds situated at Domalguda, Hyderabad and be pleased to pass such other order/s. Counsel for the Petitioner:MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 8269 of 2008 Oral Order: This writ petition is filed seeking a Mandamus declaring the action of the 2nd respondent, namely the Sub-Registrar, Chikkadpally, Hyderabad, in refusing to receive and register the document presented by the petitioner in respect of the property bearing Municipal No. 1-2-525, admeasuring 110.44 Sq. Yards, situated at Domalguda, Hyderabad, as illegal and arbitrary, and consequently direct the 2nd respondent to receive and register the document presented by the petitioner in respect of the property in question. When the matter is taken up for admission, the learned Assistant Government Pleader for Revenue, on instructions, submitted that the petitioner has not presented any document for registration before the 2nd respondent. On the other hand, learned counsel for the petitioner has produced a copy of Challan dated 13.02.2008 along with material papers, showing that the petitioner has paid an amount of Rs.3,39,530/- towards stamp duty and registration charges. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. A perusal of the Challan dated 13.02.2008, filed by the petitioner along with material papers, would prima facie show that the petitioner has already deposited an amount of Rs.3,39,530/- towards stamp duty and registration charges as determined by the respondent for registering the document, and in view of that it cannot be disbelieved that the petitioner has not presented the document for registration. Hence, I deem it appropriate to dispose of the writ petition with the following directions: If the petitioner presents any documents for registration in respect of the property in question, the 2nd respondent, namely the Sub-Registrar, Chikkadpally, Hyderabad, shall receive and process the same in accordance with the provisions of the Stamps and Registration Act, 1908, and register the same, if the same is otherwise in order. In the event, if he has any objection to register the said document, it is open for him to make an endorsement to that effect by recording his reasons and communicate the same to the petitioner. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 29.04.2008 Ksr/Nsr