APHC010547472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28243/2025 Between: 1. NARANGI DEVI, W/O. MOOLCHAND JAIN @BHABUTMAL JAIN AGED 76 YEARS, R/O. D. NO. 32-5-26, MERAKA VEEDHI, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 2. 2. MUTHA LALITH JAIN,, S/O MOOLCHAND JAIN @BHABUTMAL JAIN, AGED 46 YEARS, R/O. D. NO. 32-5-26, MERAKA VEEDHI, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3. 3. JITENDRA KUMAR JAIN,, S/O MOOLCHAND JAIN @BHABUTMAL JAIN, AGED 49 YEARS, R/O. D. NO. 32-5-26, MERAKA VEEDHI, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. DINESH JAIN, /O MOOLCHAND JAIN @BHABUTMAL JAIN AGED 51 YEARS, R/O. D. NO. 32-5-26, MERAKA VEEDHI, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 5. 5. PUSHPA,, D/O MOOLCHAND JAIN @BHABUTMAL JAIN AGED 50 YEARS, R/O. D. NO. 32-5-26, MERAKA VEEDHI, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 6. 6. TRISALA DEVI JAIN,, D/O MOOLCHAND JAIN @BHABUTMAL JAIN AGED 55 YEARS, R/O. D. NO. 32-5-26, MERAKA VEEDHI, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA p. 2 PRADESH. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2 2. THE COMMISSIONER AND INSPECTOR GENERAL, OF STAMPS AND REGISTRATION, D.NO. 5-59, RK SPRING VALLEY APARTMENTS, EDUPUGALLU, KANKIPADU MANDAL, KRISHNA DISTRICT. 3. 3. DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 4. 4. THE DISTRICT REGISTRAR, EAST GODAVARI DISTRICT RAJAMAHENDRAVARAM 5. 5. THE TAHASILDAR, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT 6. 6. THE SUBREGISTRAR, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toleased to issue a Writ of Mandamus or any other appropriate Writ or Order or Direction declaring the action of 6TH respondent in not receiving the document presented by the petitioners dated 02-05-2025 with regard to the land of 253.16 sq.yards in R.S. No. 51/5 in relation to the document No. 6267/2011 dated 27-10-2011 of Rajamundry Municipal Corporation area, Anand Nagar, Rajamahendravaram as illegal, arbitrary and contrary to Section 70(c) of Registration Act 1908 and violation of fundamental right enshrined in the Constitution of India and consequently direct the 6TH respondent to receive, register and release the document executed by the petitioners dated 02-05- 5 2025 with regard to the land of 253.16 sq.yards in R.S. No. 51/5 in relation to the document No. 6267/2011 dated 27-10-2011 of Rajamundry Municipal Corporation area, Anand Nagar, Rajamahendravaram p. 3 and pass such other order or orders as the Honble Court with deem fit and proper for the circumstance of the case. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondent to receive, register and release the document executed by the petitioners dated 02-05- 2025 with regard to the land of 253.16 sq.yards in R.S. No. 51/5 in relation to the document No. 6267/2011 dated 27-10-2011 of Rajamundry Municipal Corporation area, Anand Nagar, Rajamahendravaram and pass Counsel for the Petitioner(S): 1. R K ACHARYULU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: p. 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28243 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue a Writ of Mandamus or any other appropriate Writ or Order or Direction declaring the action of 6TH respondent in not receiving the document presented by the petitioners dated 02-05- 2025 with regard to the land of 253.16 sq.yards in R.S. No. 51/5 in relation to the document No. 6267/2011 dated 27-10-2011 of Rajamundry Municipal Corporation area, Anand Nagar, Rajamahendravaram as illegal, arbitrary and contrary to Section 70(c) of Registration Act 1908 and violation of fundamental right enshrined in the Constitution of India and consequently direct the 6TH respondent to receive, register and release the document executed by the petitioners dated 02-05- 5 2025 with regard to the land of 253.16 sq.yards in R.S. No. 51/5 in relation to the document No. 6267/2011 dated 27-10-2011 of Rajamundry Municipal Corporation area, Anand Nagar, Rajamahendravaram and pass…” 2. Learned counsel for the petitioners relied upon the order passed by this Court in W.P.No.18105 of 2024 dated 09.09.2024 and would request to pass the similar order in this case. 3. Learned Single Judge of this Court, while disposing the W.P.No.18105 of 2024, has relied upon the judgment in Salimeni Ravindra v. The State of Andhra Pradesh & Ors. (W.P.No.10392 of 2021, dated 15.06.2021), for the proposition that there is an obligation on the part of Registrar/Sub-Registrar to process the sale deed and either register the same or record reasons for refusal to register a document, which is presented for registration and issue an order of refusal and record his reasons for refusal in Book No.2 with the p. 5 endorsement of the phrase “registration refused” on the presented document for registration. 4. Learned Assistant Government Pleader has not opposed and fairly would submit that similar order may be passed in this present case. 5. Section 71 of the Registration Act, 1908 (hereinafter referred to as „the Act‟) envisages that “Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded”. Clause (2) of the Act envisages that “No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered”. 6. Section 71 of the Act clearly provides that Sub-Registrar shall either register the document, if it is otherwise in accordance with law, or record reasons for such an order in book No.2 and endorse the words „registration refused‟. 7. In view of the above, this Writ Petition is disposed of directing respondent No.6 to process the sale deed presented by the petitioners in accordance with law or reject the same with a reasoned order and p. 6 communicate the same to the petitioner herein. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 15.10.2025 TVN p. 7 206 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28243 OF 2025 Date: 15.10.2025 TVN