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High Court of Andhra Pradesh · body

2025 DAILYLAW 11812 (AP)

Onteru Nirmala, v. State of Andhra Pradesh,

WP/8705/2022 · 2025-08-20

B Krishna Mohan

body2025

Judgment text

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APHtOI 0137782022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8705 OF 2022 BetvJeen: Onteru Nirmala, W/o. Yerragundia Jaya Prakash Naniyana Babu, Aged 39 years, R/o. Settigunta Village and Post, Koduru Mandal, Y.S.R.Kadapa District. ...Petitioner AND I 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Revenue (Stamps and Registration) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. the District Collector, Y.S.R. Kadapa District at Kadapa 3. District Registrar, Y.S.R. Kadapa District at Kadapa. 4. Sub Registrar, Pullampet, Y.S.R.Kadapa District. Government, ...Respondents 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in Progs No- Refusal No - 04/202^, dated 01.02.2022 issued by the 4th respondent, tlnereby refusing to registej- document of Gift Settlement Deed dated 20.01.2022 executed by petitioner's husband in favour of petitioner and keeping the same as pending document i.e., P.No.12/2022, even after receiving the iJtamp Duty and connected to registration of petitioner's house site • Registration Fee admeasuring 122.22 Sq. yards, covered by Sy.No. 2042/2, Kodur Revenue and Mandal of Y.S.R.Kadapa District, in spite of the same issue Village by repeated orders of this Hon'ble Court, as illegal, irregular. covered irrational, violative of principles of natural justice, contrary tc the provisions of the Registration Act. 1908 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct Ihe respondents 3 and 4 to complete registration and release the said gift settlement Deed forthwith. lA NO: 1 OF 2022 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 suspend the operation of Proceedings in Progs.No- Refuijal No - 04/2022, dated 01.02.2022 issued by the 4th respondent and consequently direct the respondents 3 and 4 to complete registration and release the Gift Settlement Deed dated 20.01.2022 executed by petitioner's wife in favour of petitioner, pending disposal of main Writ Petition. Counsel for the Petitioner: M/S NIMMAGADDA REVATHi Counsel for the Respondent Nos.1 to 4: GP FOR REGISTRATION AND STAMPS (AP) The Court made the following order: APHcioi 0137782022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA IVIOHAN WRIT PETITION NO: 8705/2022 Between: l.bNTERU NIRMALA,, W/0. YERRAGUNDLA JAVA PRAKASH NARAYANA BABU, AGED 39 YEARS, R/0. SETTICJUNTA VILLAGE AND POST, KODURU MANDAL, Y.S.R.KADAPA DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY TS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.tHE DISTRICT COLLECTOR, Y.S.R. KADAPA DISTF.ICT AT KADAPA 3. DISTRICT REGISTRAR, Y.S.R. KADAPA DISTRICT PJ KADAPA. 4.SUBREGISTRAR, PULLAMPET, Y.S.R.KADAPA DIS“ RICT. ...RESPONDENT{S): Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS (AP) 2 W.P.No.8705of2022 The Court made the following Order; Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. th This writ petition was filed questioning the proceedings of the 4 2. respondent dated 01.02.2022 in refusing to receive the documents of Gift Settlement Deed dated 20.01.2022 executed by the pet tioner’s husband in her favour and keeping the same as pending document vide P.No.12/2022, even after receiving the Stamp Duty and Registration Fee with respect to the registration of the house site in an extent of 122.22 S()|. Yards covered in Sy.No.2042/2, Kodur Revenue Village and Mandal of Y.S.R. Kadapa District. As per the impugned proceedings of the 4^'^ respondent dated 3. 01.02.2022, it shows that the settlement deed executed by the husband of the petitioner in favour of the petitioner was presented beforcj the 4‘^ respondent vide P.No.12/2022 on 24.01.2022 and the same was refused for registration on the ground that it affects the property in Sy.No.204272 of Kodur Village, Mysuruvaripalli Gram Panchayat to an extent of 122.21^ Sq. Yards as the property is classified as Assigned land as per the prohibited property list furnished by the 2^^ respondent through his letter dated 10.03.2018. Hence the registration of the document is refused. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4^^ respondent submits that since the subject property 4. 3 HBKM,J W.P.No.8705 of 2022 IS placed in the prohibited list, the petitioner can approach the 2^^^ respondent for passing appropriate orders. 5. In view of the above said facts and circumstances, the petitioner is perrjtiitted to make an application to the 2 nd respondent, enclosing all the necessary documents in support of her claim for deletion of the property from the prohibited list within a period of four (04) weeks from the dat^ of receipt of this order. On receipt of the same, thei 2 subject nd respondent is direcjjted to consider and dispose of the said application of tl le petitioner strictly in a(icordance with law of three (03) months thereafter. as expeditiously as possible preferably within a period All the parties concerned, including the petitioner herein shall be given due opportunity of hearing t ) substantiate their case and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits by the 2 nd respondent. Accordingly, this'Writ Petition is disposed of. Interim order, if deemed to have been vacated. There shall be no order as to costs. 6. any. As a sequel. Interlocutory Applications pending, i1 any, shall stand closed. Sd/- B. PRASADA RAO A SSISTANT REGISTRAR //TRUE COPY// t V SECTION OFFICER To, 1. Principal Secretary to Government, Revenue (Stamps and Registration) Department, Secretariat, Velagapudi, Amaravati, Gur tur District. 2. The District Collector, Y.S.R. Kadapa District at Kadapa 3. District Registrar, Y.S.R. Kadapa District at Kadapa. 4. Sub Registrar, Pullampet, Y.S.R.Kadapa District. 5. One CC to Sri. Nimmagadda Revathi, Advocate [OPUC] 6. Vwo CCs to GP For Registration And Stamps (/*,P) High Court Andhra Pradesh [OUT] of 7. Two CD Copies. AL HIGH COURT TL DATED:21/08/2025 ORDER WP NO. 8705 OF 2022 I 22 SEP 2025 ^ ^ Current section . ^<£<fSPATCt^ DISPOSING OF THE W.P. WITHOUT COSTS