Lingam Veerendra Babu, v. The State of Andhra Pradesh
WP/7363/2025 · 2025-04-03
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12007 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12007 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010141022025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7363/2025 Between:
Lingam Veerendra Babu, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. VENKATESWARLU GADA
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR REGISTRATION AND STAMPS
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 7363/2025
This Court made the following
ORDER:
1. 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 Order or orders, Direction to declare the proceedings of the 2nd Respondent in Draft Memo No.G2/19134/2011, dt:01.12.2011 as illegal without jurisdiction and Unconstitutional and to issue consequential direction to the 4th respondent to receive and register the document that may be presented by the petitioner for registration in respect of the property an extent of 617.8 Sq yards (constructed area 13668 Sq Feets), Door No. 11-465-1-B and 11-465-1b in Sy No.190/2 situated at Podili Village and Mandal, Markapuram Revenue Division, Prakasam District without reference to the memo of the 2nd respondent bearing No G2/19134/2011,dt: 01.12.2011 and pass..”
2. Heard learned counsel for the petitioners and learned Government Pleader for Stamps and Registration.
3. When the matter is taken up for hearing, learned counsel for the petitioners submits that in similar set of facts, this Court passed an order dated 30.01.2020 in W.P. No.1981 of 2020 and prayed this Court to consider the same and dispose of the present Writ Petition.
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4. Learned Government Pleader does not refute the submission that the said order covers the matter before this Court in this Writ Petition
5. The relevant paragraphs of the order passed in W.P.No.1981 of 2020 are extracted hereunder:
“The main ground urged by this petitioner is that when the document is presented for registration, rejection of the same based on the draft Memo No.G2/19134/2011, dated 01.12.2011 with District Registrar, Ongole vide Endorsement No.GI/1382/2011, dated 09.12.2011. The memo was issued in view of the injunction orders passed by the High Court of Madras. The Madras High Court
directed based on a letter from Rev.B.M.Sudheer to the Inspector General of Stamps and Registration, State of Andhra Pradesh, Hyderabad not to register any deeds of conveyance by any of the parties to any of the parties in respect of the properties covered under the scheme. But, the order was not communicated to Registrar except the letter of Rev.B.M.Sudheer to the District Registrar, who in turn issued such direction. According to the order under challenge under Section 71 of the Registration Act, refusal to register a document on the memo issued by Tahsildar or any other officer is illegal in view of the judgments of the Division Bench in P.Narasimha Reddy V. Sub- Registrar, Shameerpeta Mandal, Ranga Reddy District 1 and S.Nagi Reddy v. Joint Registrar, Tirupati.2 Therefore, the order impugned in this writ petition is contrary to the law declared by the Division Bench and also another judgment of single Judge in W.P.No.10721 of 2016, dated 01.04.2016, W.P.No.34689 of 2012, dated 12.12.2012. Hence, the impugned proceedings are hereby set aside while directing the 4th respondent to receive and register, if it is not prohibited by any order or law, the document by following the principles laid down in the judgments referred supra."
6. Following the said order, this Writ Petition is disposed of in terms thereof, directing the 4th respondent to receive and register the document presented by the petitioners for registration in respect of the property an
1 2005(2)ALD807 = 2005(4)ALT260 2 1999(4)ALD81 = 1999(4)ALT556
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extent of 617.8 Sq yards (constructed area 13668 Sq Feets), Door No. 11-465-1-B and 11-465-1b in Sy No.190/2 situated at Podili Village and Mandal, Markapuram Revenue Division, Prakasam District.
7. With the above directions, the Writ Petition is disposed of. No costs. The miscellaneous petitions pending, if any, shall stand closed.
______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA
Dt: 03.04.2025 krk
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
114
WRIT PETITION NO: 7363/2025
03.04.2025 krk