IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24613 of 2008 Between: Gorle Tata Babu S/o. late Gorle Krishnamma R/o. D.No.10-105/5, Pendurthi Village & Mandal, Visakhapatnam. ..... PETITIONER AND 1 The Sub-Registrar Registration & Stamps Department Bheemunipatnam, Visakhapatnam Dist. 2 The State of Andhra Pradesh Rep. by the District Collector 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 a writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Sub- Registrar, Bheemunipatnam in keeping the document presented by the petitioner as pending document No.243 of 2008 and without registering the same based on the letter of the District Collector, in RC.No.1007 / 2007 D2, dated 26-04-2007 as being illegal, arbitrary, unreasonable and contrary to the provisions of the Registration Act and issue a consequential direction directing the ﬁrst respondent to forthwith register and release the pending document No.243 of 2008 in favour of the petitioner without reference to the proceedings of the District Collector, Visakhapatnam. Counsel for the Petitioner: SRI P.LAKSHMA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24613 of 2008 ORDER: The petitioner purchased Acs.35.14 in survey No.184/6 situated at Chippada Village of Bheemunipatnam Mandal in Visakhapatnam District from Kothapalli Krishnam Raju, S/o.Late Ranga Raju. The purchase is under an agreement of sale – cum – irrevocable General Power of Attorney. The same was presented before the ﬁrst respondent on 31.07.2008. The document presented, being pending document No.243 of 2008, was, however, pending, and registration was not taken up. Aggrieved by the same, the present writ petition is filed. A counter aﬃdavit is ﬁled by the ﬁrst respondent referring to a letter dated 24.06.2007 addressed by the District Collector, Visakhapatnam, wherein ﬁrst respondent was informed that a detailed probe is required into the question of title in respect of the land in survey Nos.184/6 and 184/8 in view of the objection raised by one Sri P.Anand Gajapathi Raju, Chairman, MANSAS, Vizianagaram. Learned Counsel for the petitioner and learned Assistant Government Pleader have made their submissions. There cannot be any dispute that when a document is presented, the registering authority has to consider the same for registration. If for any reason the document cannot be registered, he has to record reasons and communicate the same as per Section 71 of the Registration Act, 1908. Against non-registration, an appeal is provided under Section 72 of the Registration Act. At the time of registration objections can be raised under Rule 58 of the Andhra Pradesh Rules under the Registration Act, 1908. However, there is no provision under the said Rules or the Registration Act empowering the District Collector to issue directions to registering authority. Therefore, ﬁrst respondent is directed to consider the pending document No.243 of 2008 submitted by the petitioner on 31.07.2008 and pass necessary orders under Section 71 of the Registration Act. This exercise shall be completed within a period of one week from the date of receipt of a copy of this order. Reasons for non- registration, if any, to be communicated to the petitioner, whereupon it shall be open to the petitioner to ﬁle appeal before the District Registrar, Department of Registration and Stamps. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 19.11.2008 Note: Issue C.C by 20.11.2008 B/o. vs To 1 The Sub-Registrar Registration & Stamps Department Bheemunipatnam, Visakhapatnam Dist. 2 The District Collector, State of Andhra Pradesh, Visakhapatnam. 3 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 4 2CD copies Form-NIC-OGS/WP{KBJ}