( 1 ) THE petitioner-society challenges the action of the 1st respondent in registering the documents in Survey Nos. 87, 88 and 89 at Preston Institute, Jangaon, Warangal district, contrary to the Registration Act, 1908 (for brevity the Act, 1908 ).

( 2 ) IT is the case of the petitioner that the land in survey Nos. 87, 88, 89,146, 158,159 and 160 situate at Jangaon stands in the name of Rev. Rutherford and Rev. Unruh and who subsequently transferred the land in the name of the petitioner-Society in the year 1975-76. The petitioner established schools, hostels, church hospitals and constructed a compound wall called as preston Institute. The missionaries which purchased the property, left India and the petitioner-Society is administering the property since 1975. The petitioner-society came to know that the property was again mutated during the year 1994-95 in the name of M/s. American Baptist Foreign mission Society, U. S. A. After coming to know this, the petitioner-society filed an application under Section 3 (3) of the Andhra pradesh Rights in Land and Pattedar Pass books Act before the Revenue Divisional officer, Jangaon Division, Warangal District. The matter was disposed of by the said official on 12-9-2000 directing the Mandal revenue Officer, Jangaon to initiate enquiry and issue fresh pattedar pass books and title deeds to the petitioner-society. Thereafter, the Mandal Revenue Officer passed orders on 3-2-2001 mutating the lands in favour of the petitioner-society covered by survey nos. 87, 88, 89 and 158/1 admeasuring an extent of Acs. 27-29 gts. , The petitioner- society is in possession and occupation of the same, where the Preston High School, preston Junior College, Staff quarters, two hostel buildings, play-grounds, and grave yard are situated. Some of the unauthorised persons encroached upon the petitioner s lands and the 1st respondent entertained documents for registration and executed registered sale deeds in favour of the unauthorised persons. The vendors, who executed those sale deeds, have no right, title or interest over the land in question and, therefore, 1st respondent committed illegality in registering the documents. Those persons, who obtained registered sale deeds, are now making attempts to raise structures. Having come to know that certain persons approached the 3rd respondent seeking building permissions, the petitioner society filed the present writ petition.

( 3 ) AFTER receiving notice, the 1st respondent has filed counter-affidavit. The writ petition is opposed on the ground that the 1st respondent has no jurisdiction to refuse the registration of documents, if they are in accordance with the provisions of indian Stamp Act, 1899 and the Registration act, 1908. It is also stated that the 1st respondent has no power or jurisdiction to enquire into or the validity of the document in question, the question of title of the executant and other related issues. Reliance is placed on Rule 58 of the Andhra Pradesh rules under the Registration Act, 1908 (for brevity the Rules ). It is also stated that when the documents were presented in the month of February, 2001, they were kept pending due to deficiency in the stamp duty, that the documents were referred to the collector (District Registrar) under section 47-A of the Indian Stamp Act, 1899 for determination of the market value. After determining the market value, the documents were released after receipt of the deficit stamp duty; and that five documents are still kept pending in view of the deficiency in stamp duty.

( 4 ) PART-XI of the Registration Act, 1908 deals with the duties and powers of the registering officers. it shall be the duty of the registering officer to admit the document without unnecessary delay and proceed with the registration. if, for any reason, the registering officer refused to register the document, he has to record reasons and furnish a copy of the reasons, on a request made by the person presenting t