IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28408 of 2008 Between: 1 Neela Venkatesh S/o. Gandaiah R/o. Kongarkalan Village, Ibrahimpatnam Mandal, R.R. District. 2 Abbanabpoina Anjaiah S/o. Ramaiah R/o. Thaskanigudem H/o. Idikuda Village, Chandur, Nalgonda District. ..... PETITIONER(S) AND 1 The Joint Sub-Registrar, Nalgonda, Nalgonda District. 2 The Tahsildar, Munugodu Mandal, Nalgonda District. 3 Gurram Iddaiah S/o. Venkaiah R/o. Munugodu Mandal & Mandal, Nalgonda District. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.1 in refusing to register the sale deed in favour of Chenagoni Naresh Babu, S/o. Anjaiah Goud, which was assigned pending Doc.No.P.No.353/2007 executed in the capacity of Agreement of Sale-cum-General Power of Attorney of original pattedar namely Gurram Iddaiah S/o.Venkaiah in respect of land in Sy.No.360/ admeasuring 4 acres 13 guntas, situated at Munugode Village and Mandal, Nalgonda District, basing on a letter addressed by the Respondent No.2 dt. 01.04.2008 that the land in question is recorded as government land is challanged in the present writ petition as being arbitrary, illegal and violative of Article 14, 19(1)(g), 21 and 300-A of the Constitution of India, apart from being violative of provisions of the Indian Registration Act and consequently direct the respondent No.1 to register the pending Document No.353/2007 presented by the petitioenrs without reference to the letter addressed by the respondent No.2 dt. 1.4.2008 and pass Counsel for the Petitioner:MR.VIJAY B.PAROPAKARI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{MSN} HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.28408 of 2008 ORDER: This writ petition is filed questioning the refusal to register a document bearing P.No.353 of 2007. 2. The grievance of the petitioners is that they have executed registered sale deed dated 31-07-2007, which was assigned pending Document No.P.No.353 of 2007 with respect to Ac.4.13 guntas in Sy. No.360, situated at Munugode village and Mandal, Nalgonda District, in favour of purchasers. The Mandal Revenue Officer, under his letter No.D/799/2008, dated 01-04-2008, has informed the 1st respondent- Joint Sub Registrar, Nalgonda, that the entire Sy. No.360 admeasuring Ac.26.03 guntas is shown as Government Poramboke as per the ‘Khasra Pahani’ entry. The petitioners allege that due to the said letter, the 1st respondent has refused to register the document. However, they have not been given the refusal endorsement. 3. The learned counsel for the petitioners has urged several contentions based upon Section 22-A of the Registration Act. 4. Heard the learned Government Pleader for Revenue. 5. It is to be noticed that an order of refusal by the 1st respondent is clearly appealable under Section 72 of the Indian Stamp Act and as such without going into any other questions, I deem it appropriate to relegate the petitioners to the remedy of appeal where the petitioners are at liberty to raise all contentions which they wish to contend against the said refusal endorsement. 6. This Writ petition is therefore disposed of permitting the petitioner to prefer an appeal before the competent authority under Section 72 of the Indian Stamp Act, within one week from today. On such appeal being filed, the appellate authority shall consider the same and dispose of the same in accordance with law. No costs. ______________________ 29th December 2008 KVR