APHC010449672019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 263/2020 Between: 1. CHEKKA VEERA VENKATA SATYANARAYANA,, S/O.LATE VENKATA SWAMY, AGED 60 YEARS, OCC. BUSINESS, RIO.D.NO.12-2-9, DANTUVARI STREET, KAKINADA, E.G.DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, A.P. SECRETARIAT, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, EAST GODAVARI AT KAKINADA. 3. THE SUBREGISTRAR, OFFICE OF DISTRICT REGISTRAR, KAKINADA, EAST GODAVARI DIST. 4. THE TAHSILDAR, KAKINADA, EAST GODAVARI DIST. ...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 topleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction onthe part of the respondents in summoning the book No.4 volume 10 wherein the packet will executed by late ChekkaMangaraju mentioned as SC No.3 of 2004 dated 28- 02-2004 for the purpose of opening the same to enable the petitioner to file the same into the court in 0.S.No.63 of 2011 pending on the file of the Court of the VI Addl. District Judge, Kakinada, from the Hon'ble1-Iigh Court, now High Court of Andhra Pradesh pending in A.S.No.314 3f 2010 illegal and arbitrary and also violation of Article 14 and 300-N of Constitution of India and also the provision of the Registration Act and Rules, 1908 and consequently direct the 2 respondents 3 and 4 either to open a new book and make an entry and open the pa -let will SC.No.3 of 2004 dated 28-02-2004 or to take immediate steps to send for the book No.4 volume 10 fromA.S.No.314 of 2010 pending on the file of the Court of the now High Court of Andhra Pradesh and pass IA NO: 1 OF 2020 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 respondents 3 and 4 either to open a new book and make an entry and open the packet will SC no. 3 of 2004 dated 28-02-2004 or to take immediate steps to send for the book no. 4 volume 10 from A.S no 314 of 2010 pending on the file of the court of the now High Court of Andhra Pradesh and pass IA NO: 2 OF 2020 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 stay all the further proceedings in 0.S No. 63 of 2011 on the file of the court of the VI Addl. District Judge, Kakinada pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. M SRI ATCHYUT Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: ORDER:- Heard Sri M.Sri Atchyut, learned counsel for the petitioner and learned Assistant Government Pleader for Registration and Stamps appearing for the respondent Nos.1 to 4. 2. The grievance of the petitioner in the instant writ petition is against the inaction of the respondents in summoning the book No.4 volume No.10, wherein the packet Will executed by late Chekka Mangaraju mentioned as SC.No.3 of 2004 dated 28.02.2004. 3 3. It is contended that the petitioner and one Chekka Venkat Raju filed a suit in O.S.No.63 of 2011 on the file of VI Additional District Judge, Kakinada for partition of the plaint A schedule property. 4. It is contended that the said suit was filed basing on a Will executed by one Chekka Mangaraju, which was deposited in the Office of the Sub- Registrar, Kakinada vide SC.No.3 of 2004 dated 28.02.2004 and the same was recorded in book No.4 volume No.10. 5. It is contended that the petitioner had filed an application in the suit filed for partition, for the said document marked in O.S.No.38 of 2009 on the file of the IV Additional District Judge, Kakinada. Since the said Will document was not furnished, the petitioner addressed a letter to the District Registrar to open the packet Will. In the said regard, the 3rd respondent had informed the petitioner vide letter dated 03.07.2018 that the relevant book No.4 containing SC.No.3 of 2004 was submitted to the IV Additional District Judge, Kakinada, in connection with a suit in O.S.No.16 of 2004 and the same was subsequently transmitted in connection with a pending appeal in A.S.No.314 of 2010 on the file of the erstwhile composite High Court of Andhra Pradesh. The learned counsel for the petitioner contends that the petitioner was informed by the District Registrar that he had also requested the High Court Registry for the said book submitted in connection with the pending appeal in A.S.No.314 of 2010. 6. It is contended that under the guise of book being submitted in connection with a civil suit(s), the respondents cannot stall the opening of 4 other Wills till the said book is returned by the Court. It is further argued by Sri M.Sri Atchyut, learned counsel for the petitioner that the suit is of the year 2011 and the trial Court is not granting any further adjournments and the petitioner is constrained to proceed with the trial. In said circumstances, the Will document, which is the basic document of the suit, if not produced/marked before the Court as an exhibit, the rights of the petitioner would be infringed. Thus, prays for a direction to the respondent Nos.3 and 4 either to open a new book or take effective measures for obtaining the register from the Court where it has been submitted. 7. The respondent No.3 filed counter affidavit stating that in connection with the suit in O.S.No.16 of 2004 on the file of IV Additional District Judge, Kakinada, the records were submitted before the said Court. Against the judgment and decree in the said suit, appeal in A.S.No.314 of 2010 was filed and all the records were transmitted to the High Court in the said regard. It is contended that the said register is a permanent record of their office. And the said record is required to open the sealed cover, without the said register, sealed covers of the Wills cannot be opened. Despite the several reminders being issued in the said regard, they could not get the register. 8. Considered the submissions. 9. On previous adjournment of hearing of this case i.e., on 03.12.2024, this Court on noticing that the records have not been transmitted to the District Registrar, East Godavari, directed the Registrar (Judicial) to 5 return the following records received in connection with the A.S.No.314 of 2010: 1. Thumb Impression Register Volume No.657, 2. Register of Deposit of Sealed Cover Book-V, Volume-12, 3. Original Book-III opened Sealed Cover Will Document No.511/2011. 10. Accordingly, the Registrar (Judicial) addressed a letter to the IV Additional District Judge, Kakinada dated 10.12.2024, stating that the documents at Sl.Nos.1 and 2 were not received from the IV Additional District Judge, Kakinada, and only the document at Sl.No.3 was received by the High Court. Thus, the said document No.3 was transmitted to the said Court with a request to return the same to the District Registrar Office. A perusal of the said letter further reflects that the documents at Sl.Nos.1 and 2 have already been transmitted to the office of the Joint Sub-Registrar, Kakinada vide letter dated 24.09.2010 by the IV Additional District Judge, Kakinada. 11. The 3rd respondent being the custodian of the Will deposited, was under an obligation to open the Will, as and when the situation calls for it. If, for any operational issues, he is unable to open the same, he should immediately take up alternative measures to open the Will of a testator. His actions or inactions cannot deprive the legatees under a Will to forego their valuable rights, waiting for him to open the Will. 12. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition directing the 3rd respondent to take 6 all necessary measures for opening the Will of Late Chekka Mangaraju. If, for any other reasons such as on account of non receipt of the relevant registers stated to have been submitted before the Court(s) in connection with any case(s), he is unable to open the same, he shall open a new book and make an entry and open the packet Will SC.No.3 of 2004 dated 28.02.2004 in accordance with law within a period of four (4) weeks from the date of receipt of the order. 13. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 05.05.2026 ANI 7 186 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:263 of 2020 Dated: 05.05.2026 ANI 8