IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25393 of 2008 Between: K.M.Devarajulu, S/o.K.M.Chandrasekhar Pillai, Aged about 42 years, R/o.B.V.R.Quarters, Pulicharla Post and Mandal, Chittoor District. ..... PETITIONER AND 1. The Sub Registrar, Piler, Chittoor District. 2. The Tahsildar, Piler, Chittoor District. 3. The Special Category Deputy Registrar, Officer on Special Duty, The Chittoor District Cooperative Central Bank Ltd., Chittoor. .....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 any 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 entertain the sale deed furnished by the petitioner for registration in respect of lands in Sy.No.42/B3 admeasuring Ac.4.67 cents situated at Piler Village & Mandal, Chittoor District, as illegal, arbitrary and unreasonable and consequently direct the respondent No.1 to entertain the sale deed furnished by the petitioner for registration in respect of the lands in Sy.No.42/B3 admeasuring Ac.4.67 cents situated at Piler Village & Mandal, Chittoor District and pass such other order or orders as this Hon’ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:SRI K.P.V.SUBBA 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.25393 of 2008 ORDER: The petitioner purchased an extent of land admeasuring Acs.4.67 in Survey No.42/B3 situated at Piler Village and Mandal in Chittoor District, in a public auction held by the Special Oﬃcer of the District Cooperative Central Bank Limited, Chittoor. The sale was conﬁrmed in favour of the petitioner on 14.02.2007, and subsequently, the Tahsildar, Piler Mandal, certiﬁed the same by conﬁrming possession of the petitioner and pattadar pass book was also issued. The petitioner alleges that recently when he approached the ﬁrst respondent for the purpose of registration of the subject land to third parties, ﬁrst respondent refused to entertain his request on the ground that the said land is an assigned land, aggrieved by which, the present writ petition is filed. Heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Revenue. It is no doubt true that when a document is presented, it is incumbent on the part of the Registering Oﬃcer to examine the same with reference to Sections 31 to 36 of the Registration Act, 1908 (the Act, for brevity) and/or Rules 26 and 58 of the Andhra Pradesh Rules under the Act. This aspect of the matter was considered by my learned brother Hon’ble Sri Justice A.Gopal Reddy in W.P.No.15199 of 2004, dated 01.09.2004. Following the above, this writ petition is disposed of directing the ﬁrst respondent or any other Registering Oﬃcer to accept the document presented by the petitioner and consider for registration. Be it noted, if for any reason, the document presented is not registered, it is incumbent on the part of the Registering Oﬃcer to record and furnish reasons under Section 71 of the Act. Even thereafter, if the petitioner has any grievance, he may ﬁle appeal before the appellate authority under Section 72 of the Act. Thereafter, if any adverse order is passed by the appellate authority, the petitioner can ﬁle a suit under Section 77 of the Act. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 20.11.2008 Note: Issue C.C by 24.11.2008 B/o. vs To 1. The Sub Registrar, Piler, Chittoor District. 2. The Tahsildar, Piler, Chittoor District. 3. The Special Category Deputy Registrar, Officer on Special Duty, The Chittoor District Cooperative Central Bank Ltd., Chittoor. 4. 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 5. 2CD copies