ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“ to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the 4th Respondent in keeping pending of registration of sale deed dated 08.08 2019 and 16.09.2019 presented by the petitioner and his vendors by allotting P.No.470/2019, dt.08.08.2019 and P.No.545/2019, dt.16.09 2019 in respect of land an extent of Ac.3.80 cents in Survey No.616-1 and 616-2 of Peddapalli Village, Polam Siddavatam Mandal, YSR Kadapa District without there being any reasons as illegal, arbitrary unconstitutional and violative of Registration Act 1908 and consequently direct the 4th and 5th respondent to admit the sale deed in respect of above said land for registration by allotting document numbers to the P.No 470/2019 dt 08.08.2019 and P.No. 545/2019 dt.

16.09.2019.”

2. The case of the petitioner is that the petitioner is the absolute owner of the land admeasuring an extent of Ac.3.80 cents in Sy.No.616-1 and 616-2 of Peddapalli Village Polam, Siddavatam Mandal, YSR Kadapa District having purchased the same from Pasupeleti Jayaram, S/o.Pasupeleti Subbarayudu and Pasupeleti Saritha, W/o.Jayaram under registered sale deeds dated 08.08.2019 and 16.09.2019 for valid sale consideration.

3. Originally the land in an extent of Ac.3.80 cents in Sy.No.616-1 of Peddapalli Village Polam, Siddavatnam Mandal, Kadapa District was assigned to the petitioner9s vendors father and father-in-law namely Pasupuleti Subbarayudu vide D.Dis.No.118/1361F, dated 04.05.1952. The petitioner9s vendors succeeded the above said property as his legal heirs and the petitioner purchased the same for a valid sale consideration. The petitioner and the vendors presented the said document for registration on the same day i.e., 08.08.2019 and 16.09.2019 before the 4th respondent and the 4th respondent allotted P.No.470 of 2019 and P.No.545 of 2019 and kept pending for allotment of document number. Keeping document pending for such a long time is illegal and requests to issue a direction.

4. During hearing, learned counsel for the petitioner reiterated his contentions whereas, the learned Assistant Government Pleader for Stamps and Registration requests to pass appropriate order to complete the process in accordance with law.

5. The only contention of the petitioner before this Court is that as the land was assigned long ago and it shall not be included in the prohibitory property list. On account of inclusion of the property in the prohibitory property list, the respondent No.4 appears to have kept the documents pending for registration. But no order was passed by the 4th respondent though two(2) years period is elapsed and therefore, the petitioner requests this Court to issue a direction to the respondents to complete the process of registration in accordance with law.

6. No doubt, when the document is presented for registration, the registering authority has to register or pass refusal order under Section 71 of the Registration Act(for short 8the Act9), if the document cannot be registered in view of any prohibition either under Section 22-A or by order of any Court. Against the order of refusal, an appeal is maintainable under Section 72 of the Act and the 4th respondent cannot keep the document pending for long time which would cause serious prejudice to the parties.

7. In view of the above, the 4th respondent is directed to complete the process of registration if permissible and if the registration is not permissible, the 4th respondent is directed to pass appropriate order recording the reasons as mandated under Section 71 of the Registration Act, within four(4) weeks from today. In case, the petitioner is aggrieved by such an order, he may approach the District Registrar under Section 72 of the Registration Act.

8. With the above direction, the Writ Petition is disposed of at the stage of admission with the