The refusal of a Sub-Registrar to register a document must follow statutory procedures and provide reasons, as mandated by the Registration Act, 1908.

JUDGMENT :

Gannamaneni Ramakrishna Prasad, J.

Heard Sri Keerthi Kiran Kota, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Stamps and Registration.

2. The present Writ Petition is filed seeking following prayer:

“…..to issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring that the action of the 4th respondent herein in refusing to receive, register and release the documents/sale deeds presented by the petitioners in respect of their land admeasuring 408 Sq. yards in Plot No. 22B in Sy.No.76-115; 392 Sq. yards in Plot No. 71 in Sy.No.76-114; 225 Sq. Yards in plot No. 151 in Sy.No.76-112; 225 Sq.Yards in plot No.152 in Sy.No.76-113 of Mudapaka Village, Pendurthi Mandal, Vishakhapatnam District., as being illegal, arbitrary, colorable exercise of power and contrary to the principles of law and consequently issue a direction to the 3rd and 4th respondents herein to receive, register and release the document/sale deed presented by the petitioners in respect to the above mentioned lands and pass such other order or orders as this Hon’ble Court deems fit in the interest of justice.”

3. Writ Petitioner No.1 (Vendor) sold certain parcels of land to Writ Petitioner No.2 (Vendee) admeasuring 408 Sq. yards in Plot No.22B in Sy.No.76-115; 392 Sq. yards in Plot No.71 in Sy.No.76-114; 225 Sq. Yards in Plot No.151 in Sy.No.76-112; 225 Sq. Yards in Plot No.152 in Sy.No.76-113 of Mudapaka Village, Pendurthi Mandal, Vishakhapatnam District. Both the Writ Petitioners (Vendors and Vendee) have sought to execute the Sale Deed dated 02.03.2024 and register the same. When the sale deed was presented for registration, Respondent No.4 herein had refused to receive, register and release the Sale Deed presented by the Writ Petitioners on the ground that W.P.No.868 of 2024 is pending before the Hon’ble Court. Questioning the refusal to register the Sale Deed dated 02.03.2024, this Writ Petition is filed. It is also stated in the Affidavit filed in support of the Writ Petition that the said W.P.No.868 of 2024 has been filed by some persons alleging that they have not given any consent for taking over of the land which is in their possession for the development of lay-out. It is also stated that this Hon’ble Court had issued certain Interim Orders on 10.01.2024 in W.P.No.868 of 2024 directing the Official Respondents therein not to interfere with the possession of the Writ Petitioners therein over the subject lands and not to execute any further Conveyance Deeds. It is submitted by the learned Counsel for the Writ Petitioners that the survey numbers which are covered under the Interim Order of this Court dated 10.01.2024 in W.P.No.868 of 2024 are not the same survey numbers relating to the present sale transaction.

4. In the present Writ Petition, the Writ Petitioners are placing reliance on Section 71 & 72 of REGISTRATION ACT , 1908 and would submit that the Official Respondents are obligated under the Statute to receive the Sale Deeds, process the same and register and deliver the documents to the parties.

5. Learned Counsel for the Writ Petitioners places reliance on the Order of this Court in Salimeni Ravindra Vs. State of A.P and Other in W.P.No.10392 of 2021 dated 15.06.2021. Relevant portion is usefully extracted hereunder:

“3. During hearing, Sri G.Kondala Rao, learned counsel for the petitioner submits that the petitioner purchased the property under a registered sale deed from one Pola Sankaraiah, S/o.Pola Chinnabbi for a valid consideration and obtained registered sale deed. Later, he executed a gift deed in favour of his wife and presented the same for registration