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High Court of Andhra Pradesh · body

2018 DAILYLAW 1048 (AP)

E M Lakshmi v. State of Andhra Pradesh

WP/26396/2018 · 2026-06-18

V Sujatha

body2018

Judgment text

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APHC010555062018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26396/2018 Between: 1. E M LAKSHMI, D/O G.VENKATAPATHI, AGED 64 YEARS R/O D.NO. 1-1, KETHAGANI CHERUVU VILLAGE, SOMANDEPALLY MANDAL, ANANTHAPURAM DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (REGN.) DEPARTMENT AT VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT 2. THE DISTRICT REGISTRAR, HINDUPUR ANANTHAPURAM DISTRICT 3. THE JOINT SUB REGISTRAR I, HINDUPUR, ANANTHAPURAM DISTRICT 4. THE TAHSILDAR, SORNANDEPALLI MANDAL ANANTHAPURAM 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 toto issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of 3rd respondent in refusing to register the documents in favour of petitioner in respect of the land to an extent of 0.12 cents in Sy No 80-2, Ac.1.35 cents in Sy No. 96-2 and Ac.1.53 cents in Sy No. 96-2 situated at Chalukuru Village, Hindupur Mandal, Ananthapuram District and the Refusal Proceedings dt 25.3.2015 in Ref.P.No. 2 VS,J W.P.No.26396 of 2018 94 of 2015 issued by the 31.1i Respondent, as illegal, arbitrary, without jurisdiction and violative of Arts. 14 and 300-A of Constitution of India and to consequently direct the 3rd Respondent to forthwith reconsider the case of petitioner and register the documents in respect of the above said lands, Award costs and pass IA NO: 1 OF 2018 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 to issue interim directions to the 3rd respondent to forthwith reconsider the case of petitioner and register the documents in respect of land to an extent of 0- 12cents in Sy No. 80-2, Ac. 1-35 cents in Sy No.96-2 and Ac. 1-53 cents in Sy No. 96-2 situated at Chalakuru Village, Hindupur Mandal, Ananthapuram District without reference to the Refusal Proceedings dt. 25.03.2015 in Ref. P No. 94 of 2015 on the file of the third respondent, pending disposal of the W.P. No. -of 2018 and pass Counsel for the Petitioner: 1. N RANGA REDDY Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) The Court made the following: 3 VS,J W.P.No.26396 of 2018 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of 3rd respondent in refusing to register the documents in favour of petitioner in respect of the land to an extent of 0.12 cents in Sy.No.80-2, Ac.1.35 cents in Sy.No.96-2 and Ac.1.53 cents in Sy.No.96-2 situated at Chalukuru Village. Hindupur Mandal. Ananthapuram District and the Refusal Proceedings dt 25.3.2015 in Ref.P.No.94 of 2015 issued by the 3rd Respondent, as illegal, arbitrary, without jurisdiction and violative of Arts. 14 and 300-A of Constitution of India and to consequently direct the 3rd Respondent to forthwith reconsider the case of petitioner and register the documents in respect of the above said lands….” 2. The petitioner claims to have purchased land admeasuring Ac.0.12 cents in Sy.No.80-2, Ac.1.35 cents in Sy.No.96-2 and Ac.1.53 cents in Sy.No.96-2 situated at Chalukuru Village, Hindupur Mandal, Ananthapuram District from one G.Bhagya under a registered sale deed dated 16.03.2015 for valid sale consideration. After payment of the entire sale consideration to the vendor, the document was presented before the 3rd respondent for registration. Initially, the 3rd respondent kept the document pending vide Pending Document No.94 of 2015. Subsequently, the 3rd respondent issued Refusal proceedings dated 25.03.2015 in Ref.P.No.94 of 2015 on the ground that, as per Circular Memo No.G1/1145-2013, dated 20.02.2015, issued by the D & IG, A.P., Hyderabad and G.O.Ms.No.21, Revenue (Regn-I) Department, dated 04.02.2015, the subject survey numbers were assigned 4 VS,J W.P.No.26396 of 2018 lands and therefore, the document could not be registered. Aggrieved by the same, the present writ petition has been filed. 3. While ordering notice before admission on 20.08.2018, this Court passed the following interim order: “….In view of the submission made by the learned counsel for the petitioner, the petitioner herein shall present Document No.379 of 2018 to the 4th respondent, in compliance with the provisions of the Stamps and Registration Act, in which event, the 4th respondent-the Tahsildar, Somandepalli Mandal, Ananthapur District shall re- consider the registration of the said document, in accordance with law, without taking into consideration the earlier order of refusal passed by the 3rd respondent in Ref.P.No.94 of 2015 dated 25.03.2015.” 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 5. Today when the matter came up for hearing, learned Assistant Government Pleader for Revenue has furnished a copy of the instructions of the Tahsildar, Somandepalli Mandal/4th respondent vide Rc.No.41/2025/A dated 19.06.2026, wherein it is stated that, as per the Re-settlement Register of Chalakuru Village, the land in Sy.No.80, admeasuring an extent of Ac.4.47 cents, originally stood in the name of Karanam Puttappa and was subsequently sub-divided into Sy.No.80-1 admeasuring Ac.1.47 cents and Sy.No.80-2 admeasuring Ac.3-00 cents vide 8A10/1355. Likewise, the land in Sy.No.96, admeasuring Ac.2.80 cents, stood in the names of Karanam Puttappa and Lakshminarasappa and was subsequently sub-divided into 5 VS,J W.P.No.26396 of 2018 Sy.No.96-1 admeasuring Ac.1.55 cents and Sy.No.96-2 admeasuring Ac.1.25 cents vide 8A10/1355. It is further stated that both survey numbers are classified as GD Patta lands and that the subject lands have not been included in the list of prohibited properties under Section 22-A(1) of the Registration Act, 1908. 6. On a perusal of the aforesaid instructions furnished by the 4th respondent, would disclose that the subject lands are patta lands, the said survey numbers being classified as GD Patta lands, and that the said lands are not included in the list of prohibited properties under Section 22-A(1) of the Registration Act, 1908. Therefore, there is no prohibition to register the document presented by the petitioner. 7. In view of the above, the Writ Petition is allowed by setting aside the refusal order passed by the 3rd respondent in Ref.P.No.94 of 2015, dated 25.03.2015. However, the petitioner is at liberty to present the document for registration, if so advised, and upon such presentation, the respondents shall consider the same in accordance with law, without reference to the refusal order dated 25.03.2015, treating the subject land as patta land. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 19.06.2026 KGR