Dated : 06.11.2014 Between:
S. Srinivasulu Reddy S/o.S.Kodanda Rami Reddy, Aged about 40 yrs, Occu : Business, R/o.Panchedu Village, Buchireddypalem Mandal, SPSR Nellore District.
.. Petitioner And The State of Andhra Pradesh, Stamps and Registration Department, Rep., by its District Registrar, Chittoor, Chittoor District & another .. Respondents This Court made the following :
ORDER :
The deed of conveyance dated 18.06.2010 was presented for registration concerning the land in Survey No.304/1 bearing D.No.9/79 of Muthyalareddypalli Panchayat, Ward No.9, Tirupathi Urban Mandalam, Chittoor District. By endorsement dated 07.08.2010 the Sub-Registrar, refused to register the document on the ground that the property is covered by an order of injunction passed by the Hon’ble High Court of Andhra Pradesh in W.P.M.P.No.8825 of 2009 in W.P.No.6749 of 2009. This writ petition is instituted to declare the action of the 2nd respondent in keeping the agreement of sale dated 18.06.2010 as pending document No.97/2010 dated 03.07.2010 as illegal. This refusal to register the document is not under challenge.
2. At this stage learned counsel for the petitioner submits that the petitioner is not intending to prosecute the writ petition further, but a direction be given to the registering authority to return the document.
3. As seen from the averments in the writ petition, the grievance of the petitioner is that the document presented on 18.06.2010 is kept pending and the same is not registered and released. However the endorsement would show that the document was processed and on 07.08.2010 the registering authority refused to register the document for the reasons assigned therein. Therefore, the reasons stated in the writ petition does not survive until and unless the refusal order is challenged. Whether the original copy of the document is kept with the registering authority or it was returned is not on record. Therefore, no positive direction can be given to the registering authority to return the document more so, when the petitioner is not prosecuting the writ petition. However, the petitioner is granted liberty to submit a representation to the 2nd respondent to return the document bearing P.No.97/2010 if the same was not returned. As and when such representation is made, the registering Authority shall consider the same and take appropriate steps as warranted by law.
4. With the above observation, this writ petition is disposed of. There shall be no order as to costs.
5. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
P.NAVEEN RAO,J 06th November, 2014 Rds