THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6748 of 2010 25.3.2010 Between: B.Sreedhar Rao, S/o.B.Raghavulu Naidu …Petitioner and The Government of Andhra Pradesh, represented by the Commissioner & Inspector General, Registration & Stamps, Hyderabad and others …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6748 of 2010 ORDER: The petitioner purchased an extent of 360 Sq.yards in plot No.38 in survey No.147/1 situated at Avilala Village in Tirupathi Mandal from two vendors, namely, Visalakshi and Santha Kumari, under registered sale deedin 1991. It is his case that his vendors purchased the plot under two separate sale deeds from Gurava Reddy, who obtained approval of layout from Tirupathi Urban Development Authority and that Gurava Reddy purchased Acs.3.80 from Hathiramji Mutt. It is the further case of the petitioner that he raised loan from Union Bank of India and constructed ground floor by creating mortgage by deposit of title deeds on 07.7.2008. When he desired to obtain further loan for construction of first floor and approached the same Banker, they required further mortgage by deposit of title deeds. In that connection, memorandum was drafted and when third respondent was approached for registering the same, he refused to accept the same. Therefore the present writ petition is filed. Petitioner has enclosed the registered memorandum of deposit of title deeds dated 07.7.2008. When the third respondent registered the same, there could not be any objection for registering yet another memorandum when petitioner wants to raise further loan from the same Banker. Be it noted 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 Act and/or Rules 26 to 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 01.9.2004. Following the above, the writ petition is disposed of directing third respondent or any other Registering Officer to consider the document presented by the petitioner 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 petitioners have any grievance, they 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 petitioners can file a suit under Section 77 of the Act. There shall be no order as to costs. The writ petition is accordingly disposed of. No costs. ________________ March 25, 2010. (V.V.S.RAO, J) NOTE: Dispatch order copy by 29.3.2010. (By order) YS