A n IN THE HIGH COURT OF ANDHRA PRADESH AMARAVj (Special Original Jurisdiction) ] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10299 OF 2025 Between: 1. St. Theresa of Child Jesus Roman Catholic Church, R.C. Mission, Rajam, Rajam Mandal, Srikakulam District Rep. by Parish Priest Rev.Fr. Yejjala Isaac. 2. The Srikakulam Diocese Soctety, Rep.by its President and Bishop Rev.Rayarala Vijaya Kumar PIME, Bishop House, Balagathope, Srikakulam District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary -Stamps and Registration Secretariat, Velagapudi, Guntur District. 2. The Inspector General of Registration and Stamps, Tadepalli, Guntur District. 3. The Joint Sub-Registrar (SRO), Visakhapatnam Registrar Office, Visakhapatnam, Visakhapatnam District. 4. The Sub-Registrar (SRO), Rajam, Vizianagaram District. 5. The Joint Collector, Vizianagaram, Vizianagaram District. 6. The Tahsildar, Rajam, Vizianagaram District. 7. Nunnam Prasada Rao, S/o.Francis Rao, Aged about 48 years, R/o.lsukathota, Maddilapalem, Visakhapatnam. 8. St.Thersa of Child Jesus R.C.M Church Society Isukathota, Maddilapalem, Visakhapatnam, Rep.by its President Nunnam Prasada Rao. 9. Allavarapu Mary Ratnam, W/p,Sanyasi Naidu, Aged about 41 R/o.D.No.5-51, Veduruparthi District. « years, Kasimkota Mandal, Visakhapatnam ...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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents 3 and 4 in registering the sale deed document bearing No.2705/2025, dated 10.03.2025 executed by 8th respondent society in favour of 9th respondent though there is no legal right over the property in an extent of Ac.37.16 Cents covered in Sy.No's.392/1-B (Ac.21.61 Cents) and Sy.No.392/3 (Ac. 15.55 Cents) of Gadimudidam village, Rajam Mandal, Vizianagaram District without verifying the web land register as illegal, arbitrary and violation of Circular Memo No.GI/9732/2013, dated 17.07.2013 and Circular Memo No.G1/1249/2012; dated 25/06/2016 issued by the Commissioner and Inspector General of Registrations and Stamps and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently declare the sale deed document bearing No.2705/2025, dated 10.03.2025 executed by 8th respondent society in favour of 9th respondent as sham, void document. lA NO: 1 OF 2025 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 grant interim direction directing the 5th respondent to put the subject property in an extent of Ac.37.16 Cents covered in Sy.No's.392/1-B (Ac.21.61 Cents) and Sy.No.392/3: (Ac. 15.55 Cents) of Gadimudidam village, Rajam Mandal, Vizianagaram District in the dispute properties list till the disposal of the revision petition in Rc.No.835/2025/D3 on the file of the 5th respondent, pending disposal of the above writ petition. ' lA NO: 2 OF 2025 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 grant interim direction directing the 6th respondent the name of the 9th respondent in the revenue records for subject property m an extent of Ac.37.16 Cents covered in Sy.No’s.392/1-B (Ac.21.61 Cents) and Sy.No.392/3 (Ac. 15.55 Cents) of Gadimudidam Village, Rajam Vizianagaram District in the dispute properties list till the disposal of the revision petition in Rc.No.835/2025/D3 pending disposal of the above writ petition. Counsel for the Petitioners: SRI HARI BABU MAGULURI Counsel for the Respondent Nos. 1 to 4: GP FOR REGISTRATION STAMPS Counsel for the Respondent Nos. 5 & 6: GP FOR REVENUE Counsel for the Respondent Nos. 7To 9: The Court made the following: ORDER not to mutate Mandal on the file of the 5th respondent AND 1 APHC010198522025 r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0fe^ [3329] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10299/2025 Between: St Theresa Of Child Jesus Roman Catholic Church and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.HARI BABU MAGULURI Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:10299 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: ‘‘..pleased to issue a Writ of Mandamus or ar)y other- appropriate writ, order or direction declaring the action of the respondents 3 and 4 in registering the sale deed document bearing No.2705/2025 dated 10.03.2025 executed by 8'^ respondent society in favour of 9"’ respondent though there is no legal right over the property in an extent of Ac.37.16 Cents covered in Sy.Nos.392/IB (Ac.21.61 Cents) and Sy.No.392/3 (Ac. 15.55 Cents) of Gadimudidam village, Rajam Mandal, Vizianagaram District without verifying the web land register as illegal, arbitrary and violation of Circular Memo No. G1/9732/2013 dated 17.7.2013 and Circular Memo dated 25./06/2016 issued by the Commissioner and Inspector General of Registrations and Stamps and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently declare the sale deed document bearing No.2705/2025 dated 10.03.2025 executed by 8^'’ respondent society in favour of 9'^ respondent as sham void document and pass....’’ No.GI/1249/2012 Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. The learned counsel for the petitioners submits that the petitioners herein are the absolute owners and possessors of the land to an extent of 3. Sy.Nos.392/1-B(Ac.21.61 cents) and Ac.37.16 cents situated in 3 Sy.No.392/3(Ac.15.55 cents) of Gadimudidam Village, Rajam Mand^, Vizianagaram District. While so, the 7^^ respondent by creating the fake society ie., the respondent herein by claiming to be the owner of the subject property and got transferred the subject property of the society in favour of the 9**^ respondent through the Registered Sale Deed, dated 10.03.2025. The learned counsel for the petitioners submits that Respondent Nos.2 to 6 herein without verifying the right of the 7'*^ respondent regarding the subject property had entertained the registration, executed by the 7 respondent in favour of the 9*'' respondent through the 8^*^ respondent which is the defunct society. Hence, the sale deed said to be executed by Respondent Nos.7 and 8 in favour of the 9‘^’ respondent is liable to be set aside. th On the other hand, learned Government Pleader for Revenue appearing 4. for respondents submits that as Respondent Nos.7 to 9 with proper identification requested for registration, the official respondents have no other option except to accept the request of the unofficial respondents, unless such a registration is neither restrained by any Court of law or by the appellate authority. In the absence of the same, Respondent Nos.3 and 4 have no other option except to register the documents placed by Respondent Nos.7 to 9 for registration. Having regard to the submissions of the learned counsel for the 5. petitioners and the learned Government Pleader for Respondents and on perusal of the record, it is observed that a sale deed is executed by Respondent Nos.7 and 8 herein in favour of the 9‘^ respondent on 10.03.2025, the same was duly registered under the provisions of Registration Act. 1908. If the subject transaction had been taken place out of fraud or fabrication, it is for the petitioners to approach competent authority for getting it cancelled respondent. Alternatively, on the ground of fraud or fabrication, . nd before the 2 the petitioners can also initiate an appropriate application/sui t/petition before the Court of law which is having jurisdiction over the subject property for cancellation of the same, to determine the subject sale deed is executed by the lawfui/unlawful owner of the subject property. Therefore, the petitioners are hereby directed to make an appropriate respondent for redressal of their 6. nd application/representation before the 2 grievance within a period of two (02) months from the date of receipt of a copy of this order. After such submission of the said application/rep resentation, the 2"'^ respondent is directed to consider the same and pass appropriate orders with reasons addressing grievances of the petitioners, in accordance with law, within a period of three (03) months thereafter after providing opportunity to the petitioners as well as to all other stakeholders if any and other respondents concerned. Otherwise, the petitioners are at liberty to initiate appropriate civil law proceedings before the Court below including interlocutory applications if required, he respondents are directed not to pass consequential orders for mutation in respect of the subject property in any favour of unofficial respondents for a period of six (S) months. Accordingly, the Writ Petition is disposed of. There shall be no order as 7. to costs. 5 Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary -Stamps and Registration Secretariat Velagapudi, Guntur District. 2. The Inspector General of Registration and Stamps, Tadepalli Guntur District. 3. The Joint Sub-Registrar (SRO), Visakhapatnam Registrar Office Visakhapatnam, Visakhapatnam District. 4. The Sub-Registrar (SRO), Rajam, Vizianagaram District. 5. The Joint Collector, Vizianagaram, Vizianagaram District. 6. The Tahsildar, Rajam, Vizianagaram District. 7. One CC to Sri Hari Babu Maguluri Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies TF 5 \ HIGH COURT DATED:24/04/2025 ORDER WP.No.10299 of 2025 x’ 02 MAY 2025 ^ . Current Section DISPOSING OF THE W.P., WITHOUT COSTS