ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:-

“..to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus declaring the orders dated 04.02.2015 passed by the 2nd respondent authority in refusing to register the document of deposit of title deed vide No.P.3/2015 as arbitrary, illegal, null and void and against norms of public policy and principles of natural justice and contrary to orders dated 07.08.2012 in I.A.No.903 of 2012 in O.S.No.269 of 2012 on the file of the Senior Civil Judge Vizianagaram and to issue consequential direction directing the 2nd respondent authority to register the document No.P.3/2015 and release the same in favour of the petitioner.”

2. The petitioner is the absolute owner of the land admeasuring an extent of Acres 2.06 cents in Survey No.121/17-35 of Nellimarla Gram Panchayat, Vizinagaram District and the same was converted into residential plots and the same has been approved by the Gram Panchayat vide D.Dis.No.67/2007, resolution No.58, dated 25.03.2007. Out of the said plots, the petitioner sold Plot Nos.8, 9, 10, 13, 14 & 15 and the remaining Plots 1 to 17, 11, 12 and 16 to 73 measuring

6,317 square yards are still available with the petitioner.

3. While the matter stood thus, 20 lakhs amount was borrowed from M/s Shriram City Union Finance Limited on 31.12.2014 and the petitioner agreed to mortgage the property by deposit of title deeds. The document executed evidencing deposit of title deeds in favour of M/s Shriram City Union Finance Limited is presented by him for registration before the 2nd respondent authority. The 2nd respondent has issued a notice vide proceedings in Notice No.Nill/2015, dated

28.01.2015 alleging that the document cannot be registered without further direction from the Senior Civil Judge‟s Court, Vizianagaram. The petitioner submitted his explanation to it. In spite of the explanation being submitted, the 2nd respondent authority, without considering the same, has refused to register the document vide orders dated 04.02.2015. Questioning the same, the present writ petition is filed.

4. It is also the contention of the petitioner that one Sri Alamuri Anand Srinivas filed O.S.No.269 of 2012 on the file of the Senior Civil Judge, Vizianagaram for recovery of an amount of Rs.4,09,966/- based on a promissory note. The said A. Srinivas also filed I.A.No.903 of 2012 for attachment of the property admeasuring an extent of Acres 2.00 cents in Survey No.121. In the said interlocutory Application, the learned Senior Civil Judge has passed an order dated 07.08.2012 attaching the property belonging to the petitioner and in the said I.A., the Sub-Registrar is not a party, but basing on the order dated 07.08.2012 a warrant has been issued to the said effect to the petitioner by the Court. It is also submitted that as per the warrant issued by the Court, which runs as follows:-

“you the said respondent be and you hereby prohibited conditionally and restrained until further orders of this Court from transferring or changing the properties described in the schedule hereto annexed, by sale, gift or otherwise and that all the persons be and they hereby prohibited and restrained from receiving the same by purchase, gift or otherwise.”

5. The order is only to restraining the petitioner from transferring of the property by way of sale or gift or transfer of the property, but it has not been prohibited to the extent of creating an equitable mortgage by depositing the title deeds and therefore, refusal to register the document on the ground of subsisting attachment, is illegal and arbitrary and requested to set aside the refusal order passed by the 2nd respondent/Sub-

Registrar.

6. The respondents 1 and 2 filed counter affidavit denying the material allegations inter alia contending that the land admeasuring an extent of Acres 2.00 cents in Survey No.121/ Sub-Divisions of Nellimarla Sub District Nellimarla M