IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26821 of 2007 Between: Captain Kanuganti Kishan S./o. K. Yellaiah R/o. Plot No. 690, Naveen Nagar, Banjarahills, Hyderabad. ..... PETITIONER AND 1 The District Registrar, Having office at Red Hills, Hyderabad. 2 The Joint Sub Registar, Hyderabad (South) at Hyderabad. .....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 direction or order more particularly one in the nature of writ of Mandamus declaring the action of respondents in not issuing the certified copy of the document No. 1950/1962 under Volume No. 70 for the property house bearing Municipal No. 10-5-4/1/B (old) and New No. 10-5-4/1/B/1, Situated at Masabtank, Hyderabad as illegal, arbitrary and violations of principles of natural justice and contrary to A.P. Registration Rules and Consequently direct the respondents to call for the Volume No. 70 belongs to the office of the 2nd respondent from the Court of the IX Metropolitan Magistrate, Hyderabad and to issue the certified copy immediately, and pass such other order or orders Counsel for the Petitioner:SRI MOHD.MOIN AHMED QUADRI Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26821 of 2007 ORDER: The petitioner purchased house bearing No.10-5-4/1/B (old) and new No.10-5-4/1/B/1, situated at Masabtank, Hyderabad, admeasuring 500 square yards under a registered sale deed in 2001. He states that his vendor purchased property from Syed Hussain Shakeel in 1982 vide document No.1388/1982 dated 16.03.1982 and his vendor purchased property from M/s.Kusuma Subba Rao and B.Ranga Swamy under a document No.452/1980. It is also the case of the petitioner that the registered document No.1950/1962 is a link document, which is connected with the title of the petitioner and his vendors. Therefore, he approached the second respondent for certified copy. On 04.12.2007 he was informed that the Volume containing the document was sent to the Court of the IX Metropolitan Magistrate, Nampally, Hyderabad, and therefore, certified copy cannot be issued. Petitioner then approached the said Court, in vain. Hence, the present writ petition is filed seeking a direction to furnish certified copies. Second respondent filed a counter affidavit stating that Book No.I, Volume.70 wherein document No.1950/1962 was transcripted has been sent to Deputy Superintendent of Police (CID) in response to letter dated 26.02.2001 in Crime No.2 of 2001. The same was later submitted by them to the Court of the IX Metropolitan Magistrate, Nampally, Hyderabad, as informed by Deputy Superintendent of Police (CID) vide letter dated 30.06.2004 in C.C.No.327 of 2004. For this reason, certified copy could not be issued. After hearing the learned Counsel for the petitioner and the learned Assistant Government Pleader, and after perusing Section 57 of the Registration Act, 1908, and Rules 127 to 147 of the Andhra Pradesh Registration Rules, this Court is of considered opinion that subject to payment of fees, any person is entitled for certified copy of the documents registered in Book No.I. Even if for any reason they were handed over to Police in connection with the investigation or to the Court in connection with judicial proceedings, it is always open to the registering authority to file appropriate application before the Court seeking return of the documents on condition of resubmitting them after preparation of certified copies. Therefore, this writ petition is disposed of directing the second respondent to approach the Court of the IX Metropolitan Magistrate, Nampally, obtain return of Book No.I Volume.70 and furnish a certified copy to the petitioner. Liberty is given to the second respondent to approach the criminal Court with a copy of this order. This exercise may be completed within a period of three months from the date of receipt of a copy of this order. No costs. ____________ (V.V.S.RAO, J) 26.11.2008 vs To 1 The District Registrar, Having office at Red Hills, Hyderabad. 2 The Joint Sub Registar, Hyderabad (South) at Hyderabad. 3 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 4 2CD copies Form-NIC-OGS/WP{VSMI}