THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

The petitioners are aggrieved by the orders No.737/Appeal/

2011 dated 23.07.2011 issued by the 2^nd respondent, District Registrar, R.R. District, Hyderabad, dismissing the appeal No.737/2011 filed by the petitioners and refusal order dated 01.02.2011 issued by the 3rd respondent, Sub-Registrar, Rajendranagar, R.R. District, seeking prayer to set aside the same and direct the 3^rd respondent to proceed with the registration of the document.

2. It is the case of the petitioners that they have purchased an extent of Acs.2.00 of land in Sy.No.48/23 at Katedan village, Rajendranagar Mandal and Municipality, R.R. District from one Sri Jitendra Kumar and Sri Sunil Kumar under an Agreement of Sale-cum-GPA dated 03.10.2006. After execution of the said document, the same has been presented before the respondent No.3, Sub-Registrar, Rajendranagar, for registration. Though the document was duly presented for registration, the respondent No.3 did not proceed with the registration and the said document was kept pending since 2006.

3. It is further submitted that since the said property has not been notified under Section 22-A of the Registration Act, the respondent No.3 has no right to withhold the process of completion of registration.

The petitioners earlier filed W.P. No.23524 of 2010, and subsequently the respondent No.3 refused to register the document vide refusal order dated 01.02.2011. Aggrieved by the same, the petitioners preferred an appeal before the respondent No.2, District Registrar, vide Appeal No.737 of 2011 and the same has been dismissed vide order dated 23.07.2011 on the basis of the Revenue authorities letter No.D/1132/2010 dated 29.01.2011 issued by the Tahsildar holding that the land is classified as Lavoni Patta and Kancha land with an observation that the appellant may approach the concerned Civil Court as per Section 77 of the Registration Act, 1908 and for the said reason the registration is refused.

4. It is submitted that both the respondents No.2 and 3 have failed to appreciate that the document was presented in the year 2006 whereas the proceedings relied upon by the respondents No.2 and 3 is dated 29.01.2011 and that there is no reason assigned by the respondents as to why they kept the document pending till 2011 when the same was presented in the year 2006. The petitioners have reliable come to know that the respondents have registered a document vide Doc.No.1627/2007 executed by Sri Jithender Kumar and Sri Sunil Kumar in favour of Mr. Md.Abdul Bhari and no reason was stated by the respondents as to how the said document has been registered. In the ground urged in the appeal, it is stated that already in the year 1989 two documents Doc.No.2762/1989 and 2765/1989 dated 10.04.1989 were registered and whereas it is not stated in the impugned order as to how the said documents were registered and the impugned order has been passed without reference to the said documents. Assailing the same, petitioners filed the present writ petition.

5. Denying the writ averments, the respondent No.3, Sub-Registrar, Rajendranagar, filed counter affidavit, inter alia, stating that the document purporting to be an agreement of Sale-cum- General Power of Attorney for Rs.64,00,000/- was presented for registration. The property stated in the schedule of property is Acs.2.00 gts., in Sy.No.48/23 of Kattedan village Rajendranagar Mandal, R.R.District, is in Inventory of Assigned lands classified as “Kancha” and as per Section 3 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (Act No.9 of 1977) and as per the Revenue records issued by the Deputy Collector/Tahsildar vide Lr.No.D/1132/2010, dated 29.01.2011, the said lands are classified as Laoni Patta. Basing upon the said records, the Registering authority refused to register the subject document vide refusal order dated 01.02.2011. It is further submitted that if the property is a Government land as per the list supplied by