IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27263 of 2008 Between: Devineni Ravindra Babu S/o. Suryanarayana R/o. Flat No.304, Ramakrishna Towers, Seethammadhara (N.E.), Visakhapatnam-13. ..... PETITIONER AND 1 Special Chief Secretary to Government, Revenue Department Andhra Pradesh, Hyderabad. 2 District Collector, Visakhapatnam. 3 Joint Collector, Visakhapatnam. 4 Revenue Divisional Officer, Visakhapatnam. 5 Mandal Revenue Officer, Chinagadili (Rural), Visakhapatnam. 6 Sub-Registrar, Madhurawada, Visakhapatnam. .....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 an appropriate writ, order or direction declaring the action of the 1st respondent in including S.Nos.145/1, 145/3 and 145 of Paradesipalem Village and Panchayat, Madhurawada Sub-Registrar of Visakhapatnam in the Gazette Notification dated 4.5.2005 vide G.O.Ms.No.582 Revenue (Registration-I) as illegal and arbitrary and consequently directing the respondents to de-notify the said S.Nos. by deleting the said extent in its Gazette Publication dated 4th may, 2005, vide G.O.Ms.No.582 Revenue (Registration-I) and to direct the 6th respondent to register the sale deeds presented by the petitioner or by his nominess, and pass Counsel for the Petitioner:MRS.N.SURYA KUMARI Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27263 of 2008 ORDER: Petitioner purchased plot No.78 in survey Nos.137/P, 138/P, 141/P and 145/P of Paradesipalem Village (Block Layout Plan Br.No.5 of 1993) under agreement of sale, dated 05.07.2008. Statedly, he approached sixth respondent, namely, Sub-Registrar, Madhurawada, in November 2008 to enquire about the stamp duty payable. Allegedly, sixth respondent refused to give particulars on the ground that as per the notification vide G.O.Ms.No.582, dated 04.05.2005, the land in survey No.145 is Government land. Aggrieved by the same, the present writ petition is filed. A perusal of the affidavit accompanying the writ petition would show that the petitioner only made enquiries with regard to stamp duty and no document was presented. Unless and until the document is presented, the Sub-Registrar cannot consider it. Therefore, petitioner is given liberty to submit sale deed to sixth respondent for registration. As and when the same is submitted, sixth respondent will accept the same, and if for any reason the same cannot be registered, he must give reasons under Section 71 of the Registration Act, 1908 (the Act, for brevity), duly communicating the reasons to the petitioner. If the petitioner is aggrieved by such refusal, he can file appeal under Section 72 of the Act before the District Registrar, and thereafter, a suit under Section 77 of the Act. In a writ petition of this nature, no mandamus can be issued, unless the petitioner avails all the remedies available under the Act. Needless to mention that as and when petitioner approaches the sixth respondent, he may furnish the value of stamp duty to the petitioner to enable him to prepare sale deed. The Writ Petition is disposed of accordingly. No costs. _____________ (V.V.S.RAO, J) 16.12.2008 vs To 1 Special Chief Secretary to Government, Revenue Department Andhra Pradesh, Hyderabad. 2 District Collector, Visakhapatnam. 3 Joint Collector, Visakhapatnam. 4 Revenue Divisional Officer, Visakhapatnam. 5 Mandal Revenue Officer, Chinagadili (Rural), Visakhapatnam. 6 Sub-Registrar, Madhurawada, Visakhapatnam. 7 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 8 2CD copies Form-NIC-OGS/WP{MSN}