1 HN,J W.P.No. 5243 of 2023 Dated 22.06.2026 Date of reserved for order : 22.06.2026 Date of pronouncement : 22.06.2026 Date of uploading : 25.06.2025 APHC010102812023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX. PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5243/2023 Between: 1. KOTHALA VARAHA NARASIMHA DAS, S/O. LATE RAMACHANDRA RAO @ RAMACHANDRA MURTHY, AGED 80 YEARS 2. KOTHALA SIMHA CHALAPATHI RAO (DIED), W/O. LATE RAMACHANDRA RAO @ RAMACHANDRA MURTHY, AGED 75 YEARS, 3. KOTHALA UMA MAHESWARA RAO, S/O LATE RAMACHANDRA RAO @ RAMACHANDRA MURTHY, AGED 72 YEARS 4. KOTHALA CHAYAPATHI RAO (DIED) AS PER L.RS P12 TO 14, S/O. LATE RAMACHANDRA RAO @ RAMACHANDRA MURTHY, AGED 68 YEARS 5. KOTHALA ANANDA SAGAR, S/O. LATE RAMACHANDRA RAO @ RAMACHANDRA MURTHY, AGED 64 YEARS 6. PONNAGANTI SATYA KALADEVI, W/O. SATYANARAYANA, D/O. LATE RAMACHANDRA RAO @ RAMACHANDRA MURTHY, AGED 66 YEARS 2 HN,J W.P.No. 5243 of 2023 Dated 22.06.2026 7. SYAMALA DEVI ANANDAN, W/O. VENKATA SUBBA RAO, D/O. LATE RAMACHANDRA RAO @ RAMACHANDRA MURTHY, AGED 62 YEARS. 8. KOSTHALA LAKSHMI TULASI, W/O. PADMANABHA NAIDU, AGED 56 YEARS. 9. GULIPALLI HANU DEEPTHI, W/O. GANARDHAN RAO, AGED 30 YEARS, ALL THE PETITIONERS ARE R/O. 21-4-4, PANDURANGAPURAM, BESIDE AMBIKA APARTMENTS, GOODS SHED ROAD, ELURU-2, ELURU DISTRICT. 10. KOTHALA PARVATHI, W/O LATE KOTHALA SIMHA CHALAPATI RAO,, R/O. 21-4-4, PANDURANGAPURAM , BESIDE AMBIKA APARTMENTS, GOODS SHED ROAD, ELURU-2, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. PETITIONER NO.10 IS BROUGHT ON RECORD AS L.R OF THE DECEASED PETITIONER NO.2 AS PER THE COURT ORDER DT.15.07.2024 VIDE ORDERS PASSED IN I.A.NO. 01 OF 2024. 11. S.JHANSI LAKSHMI RANI, W/O SRINIVAS RAO, AGED 60 YEARS, OCC HOUSEWIFE, R/O 21-4-4, PANDURANGAPURAM, BESIDE AMBIKA APARTMENTS, GOODS SHED ROAD, ELURU-2, ELURU DISTRICT. PETITIONER NO.11 IS IMPLEADED AS PER THE COURT'S ORDER DT.07.11.2025 IN I.A.NO.01 OF 2025 12. KOTHALA PRAMEELA, W/O LATE CHAYAPATHI RAO, AGED 63 YEARS, R/O 21-4-4, PANDURANGAPURAM, BESIDE AMBIKA APARTMENTS, GOODS SHED ROAD, ELURU-2, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 13. KOTHALA RAMA CHANDRA SEKHAAR, S/O LATE CHAYAPATHI RAO, AGED 43 YEARS, R/O 21-4-4, PANDURANGAPURAM, BESIDE AMBIKA APARTMENTS, GOODS SHED ROAD, ELURU-2, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 14. AAVAGADDA VASUDHA, W/O ASWINI SIVA KUMAR,D/O LATE CHAYAPATHI RAO, AGED 39 YEARS, R/O OCC HOUSEWIFE,R/O 3 HN,J W.P.No. 5243 of 2023 Dated 22.06.2026 D.NO.23-33-11, GF-I, NANDANA TOWERS,GUNTLUVARI STREET, OPPOSITE TO AMAIL SCHOOL, VIJAYAWADA, NTR DISTRICT. PETITIONER NOS. 12 TO 14 ARE BROUGHT ON RECORD AS L.RS OF THE DECEASED 4TH PETITIONER AS PER THE COURT'S ORDER DT.07.11.2025 IN I.A.NO.03 OF 2025. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATIONANDURBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. ELURU MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ELURU, ELURU DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. RAMAKRISHNA AKURATHI 2. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 4 HN,J W.P.No. 5243 of 2023 Dated 22.06.2026 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5243/2023 ORDER 1. Learned counsel for the petitioner submits that the petitioner's father was the original purchaser of house site admeasuring 307 square yards forming part and parcel of T.S.No.61/6 of D-Ward, presently in Division-34 at Eluru. The petitioner's father was working as Building Inspector in the then second respondent. The said plot was purchased by paying the total sale consideration of ₹767-50. The said sale consideration was paid on 21.08.1961 and 04.09.1964. However, the sale deed could not be executed as the petitioner's father could not deposit the stamp papers for execution of the sale deed. 2. It is submitted that the petitioner's father was transferred from Eluru Municipality to other Municipalities and on account of his transfer from Eluru, he was unable to deposit the stamp papers as required for registration of the plot. It is submitted that the petitioner's father passed away on 19.02.1967. It is submitted that the petitioner's family has been in continuous possession and enjoyment of the said property and the sale deed could not be executed on the name of the mother of the petitioner as well. The petitioner's mother also passed away the year 1988. Thereafter, the legal heirs of Late K.Ramchandra Rao have filed the present writ petition and are seeking direction to the second respondent to execute the sale deed. 3. In that regard the petitioner submitted a representation dated 18.03.2021 bringing to the knowledge of the second respondent the circumstances under which the 5 HN,J W.P.No. 5243 of 2023 Dated 22.06.2026 petitioners could not get the sale deed registered on their name, in spite of having paid the entire sale consideration way back in the year 1964. 4. Learned Standing Counsel appearing for the second respondent submits that a detailed counter is filed and that the sale deed could have been executed only if the petitioner's father deposited the stamp papers as required for execution of the sale deed. Having failed to deposit the requisite stamp papers, the petitioners cannot now come back and seek for execution of a sale deed for the property, at this belated hour. It is also submitted that the value of the property has increased manifold and any sale deed which is to be executed in favour of the petitioners, the petitioners would have to pay up all the balance sale consideration as determined by the respondent. 5. Heard the learned counsel for petitioners and the learned Standing Counsel for respondent No. 2, learned Assistant Government Pleader for respondent No. 1. Perused the record. 6. It is not in dispute that the petitioner's father had deposited the entire sale consideration as on 04.09.1964. It is also not in dispute that the petitioner's father passed away on 19.02.1967. It is equally not in dispute that the second respondent has not executed the sale deed in favour of the petitioners nor had cancelled the sale proposal and refunded the sale consideration of the petitioners. In such circumstances, the respondents cannot be justified in demanding the petitioners to pay the present market value for execution of the sale deed. 7. This Court has taken note of the submissions of the learned counsel for the petitioner on 18.02.2026 and directed the petitioners to submit an affidavit on a ₹100 6 HN,J W.P.No. 5243 of 2023 Dated 22.06.2026 non-judicial stamp paper. The petitioners have submitted the affidavit duly affirming their intention to get the subject land registered in favour of the petitioners, by paying the stamp duty on the present market value. The said affidavit is also taken on record. 8. All these considerations, interest of justice can be met, if the second respondent is directed to execute the sale deed of the subject property in favour of the petitioners, subject to the petitioners paying all the stamp duty as per the prevailing market value for the said property. The second respondent shall have to determine the value of the stamp value to be deposited by the petitioners within a period of 4 (four) weeks from the date of receipt of this order. The entire process of execution of sale deed shall have to be completed within a period of 8 (eight) weeks from the date of receipt of this order. The writ petition is disposed of, with above directions. 9. In the result, the Writ Petition is disposed of. No costs. Consequently, pending miscellaneous applications, if any, shall stand closed. ________________________ SRI JUSTICE HARINATH.N Dated:22.06.2026. KS Whether order is: Speaking : √ Reasoned : Reportable : Non-reportable : √ 7 HN,J W.P.No. 5243 of 2023 Dated 22.06.2026 147 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5243/2023 Dated:22.06.2026. KS