THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4310 OF 2010 DATED 21ST JUNE, 2010 BETWEEN Penmetsa Durga Malleswara Raju … Petitioner And The Joint Sub-Registrar, Visakhapatnam. THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4310 OF 2010 ORDER: The petitioner assails the action of the Joint Sub-Registrar, Visakhapatnam, in not effecting registration of the discharge deed dated 09.07.2008 presented by him, in accordance with the provisions of the Registration Act, 1908 and the Rules made thereunder. The Joint Sub-Registrar, Visakhapatnam filed a counter stating that the petitioner and an Officer of the State Bank of India had approached him and he had advised them that the subject document evidences a discharge and also a substituted security chargeable as a subsidiary instrument under Section 4 of the Indian Stamp Act, 1899 as a supplemental deed. He further stated that he, as the Registering Authority, would have to verify whether the substituted security was a property lying within his jurisdiction or not before accepting the document for registration. Sri G.Rama Gopal, learned counsel for the petitioner, drew the attention of this Court to the discharge deed which was presented for registration. The said document speaks of a request made by the petitioner, as the mortgagor, to the State Bank of India, the mortgagee, to release the title document bearing No.2068/1980 dated 17.04.1980. There is no mention in the document with regard to substitution of the security as projected by the Joint Sub-Registrar, Visakhapatnam in his counter. In that view of the matter, the rejection of the petitioner’s document, on grounds wholly unrelated, is untenable in law. The Joint Sub- Registrar, Visakhapatnam, shall accordingly entertain the subject document being a discharge deed simplicitor and register the same in accordance with law after completion of necessary formalities. The Writ Petition is accordingly allowed at the stage of admission. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 21ST JUNE, 2010 PGS/VGSR