IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2066 of 2008 Between: Pondugula Koteshwaramma W/o.Koti Reddy R/o.Nimamanapalli (v) Peddapalli Mandal, Karimnagar. ..... PETITIONER AND 1 The Revenue Divisional Officer, Peddapalli, Karimnagar District. 2 The Mandal Revenue Officer, Peddapalli Mandal, Karimnagar District. 3 The Sub Registrar, Peddapalli , Karimnagar 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 in the nature of Writ of Mandamus by declaring impugned Proceedings issued by the 2nd respondent in his proceedings No.B/2176/1997, dt. 20.11.2006 is illegal, contrary to the provisions of the Registration Act and violative of ARticle 300 A of Constitution of India and consequently direct the 3rd respondent to entertain the registration of sale deeds presented by the petitioner and her family members in the favour of third parties for registration in respect of land in Sy.No. 578 & 579/3 an extent of Ac.2-00 situated at Peddapalli village and pass such other order or orders. Counsel for the Petitioner: MR.A.RAVINDER Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 2066 of 2008 Oral order: Assailing the proceedings dated 20.11.2006 issued by the 2nd respondent, namely the Mandal Revenue Officer, Peddapalli Mandal, Karimnagar, as illegal and arbitrary, and consequently direct the 3rd respondent, namely the Sub-Registrar, Peddapalli, Karimnagar, to entertain the sale deed executed by the petitioner and her family members in favour of third parties and to be presented by them for registration, the petitioner filed the present writ petition. The 3rd respondent-Sub Registrar filed counter. He denied the contention of the petitioner that she presented any sale deed for registration. He, however submitted that the appeal filed by one Sri Venkata Krishna Reddy in relation to the lands in question, in appeal No. A/816/2004, dated 10.11.2006 was allowed by the 1st respondent, namely the Revenue Divisional Officer, Peddapalli, and while allowing the said appeal, he directed the 2nd respondent-Mandal Revenue Officer, to instruct the Sub Registrar concerned not to entertain any transactions relating to the properties in Sy. Nos. 578, 579/3, 4 of Peddapalli Town. Accordingly, the 2nd respondent-Mandal Revenue Officer, vide proceedings dated 20.11.2006 requested the 3rd respondent- Sub Registrar, not to entertain any transactions in respect of the above lands. It is submitted by the 3rd respondent-Sub Registrar in the counter that the then Sub-Registrar had already informed the 2nd respondent- Mandal Revenue Officer that as per the orders issued by the Government in Memo No. 10234/Reg(1)/2006-3, the Registering Officer cannot refuse registrations without any statutory provision contained in the Act, and that the Sub-Registrar on the directions of the Mandal Revenue Officer, cannot refuse to register the document. It is further stated in the counter that the 2nd respondent-Mandal Revenue Officer, has no authority or jurisdiction to direct or prohibit the Registering Authority from going ahead with registration. It is stated that if the petitioner presents the documents for registration, the same will be processed in accordance with law. Having regard to the stand taken by the 3rd respondent-Sub Registrar, Peddapalli, in his counter, as stated above, I deem it appropriate to dispose of the writ petition with the following directions: The writ petition is allowed. The impugned order dated 20.11.2006 of the 2nd respondent-Mandal Revenue Officer, is set aside. If the petitioner or any members of her family present any documents for registration in respect of the land in question, the 3rd respondent-Sub Registrar, shall entertain and process the same in accordance with law, and register the same if they are otherwise in order. No costs. ________________ N.V. RAMANA, J. Dated: 28th February, 2008. KSR