KUNCHANAPALLI MYSOORAIAH Vs. SUB REGISTRAR

JUDGEMENT

(1.) This writ petition has been filed with a prayer to issue a Writ of Mandamus by declaring the action of the respondents in refusing to deliver the duly completed registered document P.69/2002 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India.

(2.) The petitioner owns an agricultural land to an extent of Ac.1.43 cents in S.No.42-B 2-A situated at Kadapa Sahar, Kadapa having purchased the same under a registered sale deed dated 2-7-1968. The revenue authorities have issued pattadar pass book in his favour and his name has been mutated in adangal. He sold an extent of 0.30 cents out of Ac.1.43 cents to Bepari Abdul Jabbar of Kadapa and he presented a sale deed dated 31-10-2002 to the Joint Registrar, Kadapa for registration. He paid the stamp duty and necessary charges for registration of sale transfer. But the Sub- Registrar, Kadapa has neither registered the sale deed nor returned the document. He retained the document on the plea that the Mandal Revenue Officer addressed a letter dated 13-6-2000 stating that certain lands in S.No.42 of Kadapa Sahara were classified, as per the Village accounts of Kadapa Sahar, as Water Spread Area, Rastha, AW etc. Hence, this writ petition questioning the action of the respondents in not registering the sale deed presented by the petitioner.

(3.) 1 st respondent-Sub-Registrar, Kadapa District has filed counter affidavit. It is stated in the counter affidavit that the document which is submitted for registration pertains to lands in S.No.42-B-2A which has been classified as Water Spread Area. In view of the letter of the Mandal Revenue Officer, Kadapa dated 13-6-2000 addressed to the Sub-Registrar, the document presented by the petitioner was not registered.