[3329 ] va^ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY .THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11385 OF 2025 Between: K. Sudhakar, S/o Late K. Gunnaiah, Aged about 41 years, Occ: Private School Teacher, R/o D. No.7/984/1, Nagulagunta Street, Kothapet, Srikalahasti Village Mandal, Tirupati District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Registration Stamps Department, Secretariat Building, Velagapudi Amaravati, Guntur District. 2. The Inspector General of Stamps Registration, Andhra Pradesh, Vijayawada. 3. The District Collector, Tirupati District, Tirupati. 4. The District Registrar, Stamps & Registration, Tirupati, Tirupati District. 5. The Sub-registrar, Thottambedu, Tirupati District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the SiJ^e^pdndent in not receiving, processing, registering and releasing the Gift 12.02.2025 presented by the petitioner pertaining to land to an extenfQf Ac.0.63 Cts. in Sy.No.252/2 of Kanakambedu Village, Buchinaidu Kandriga Mandal, Tirupati District as illegal, arbitrary and unconstitutional and consequently direct the 5th respondent to receive, process, register and release the Gift Deed Dt. 12.02.2025 presented by the petitioner pertaining to land to an extent of Ac.0.63 Cts. in Sy.No.252/2 of Kanakambedu Village, Buchinaidu Kandriga Mandal, Tirupati District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5*^ respondent to receive, process, register and release the Gift Deed Dt. 12.02.2025 presented by the petitioner pertaining to land extent Ac. 0.64 Cts. in sy. No. 252/2 Kanakambedu Village, Buchinaidu Kandriga Mandal, Tirupati District. Counsel for the Petitioner(s):SRI. DHANUNJAYA BARU Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following: 1 NV,J W.P.No.11385 of 2025 APHC010229702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11385/2025 Between: K Sudhakar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.DHANUNJAYABARU Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: 2 NV,J W.P.No.11385 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.11385 of 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief; “To issue Writ of Mandamus to declare the action of the 5th respondent in not receiving, processing, registering and releasing the Gift Deed Dt. 12.02.2025 presented by the petitioner pertaining to land to an extent of Ac.0.63 Cts. in Sy.No.252/2 of Kanakambedu Village, Buchinaidu Kandriga Mandal, Tirupati District as illegal, arbitrary and unconstitutional and consequently direct the 5th respondent to receive, process, register and release the Gift Deed Dt. 12.02.2025 presented by the petitioner pertaining to land to an extent of Ac.0.63 Cts. in Sy.No.252/2 of Kanakambedu Village, Buchinaidu Kandriga Mandal, Tirupati District” It is brought to the notice of this Court by the learned counsel for the petitioner that the issue in the present writ petition is squarely covered by the 2. order dated 19.11.2012 passed by this Court in W.P.No.32889 of 2012. In view of the same, this Court is inclined to dispose of the present writ 3. petition also in terms of the reasons recorded in the said order. 3 NV,J W.P.No.11385 of 2025 ^-1 4. Accordingly, this writ petition is disposed of, directing the respondents to receive the gift deed sought to be presented by the petitioner and register the same subject to the latter complying with the statutory requirements of the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. 5. Consequently, miscellaneous applications pending if any, shall also stand closed. 6. Registry is directed to enclose a copy of the order dated 19.11.2012 passed by this Court in W.P.No.32889 of 2012 to this order. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// ^^ec-^iTcOFFICER To, 1. The Principal Secretary, Registration Stamps Department, Andhra Pradesh, Secretariat Building, Velagapudi, Amaravati, Guntur District.[By Special Messenger] State of 2. The Inspector General of Stamps Registration, Andhra Pradesh Vijayawada. 3. The District Collector, Tirupati District, Tirupati. 4. The District Registrar, Stamps & Registration, Tirupati, Tirupati District. 5. The Sub-registrar, Thottambedu, Tirupati District.[2 to 5 by RPAD] 6. One CC to SRI. DHANUNJAYA BARU Advocate [OPUC] 7. Two CCS to GP FOR REGISTRATION AND STAMPS ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies HIGH COURT DATED;08/05/2025 ORDER WP.No.11385 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.32889 of 2012 Dated: 19.11.2012 Between: Chandrammagari Tippeswamy and another .. Petitioners. and The District Registrar, Stamps and Registration Department, District Registrar’s Office, Anantapur, and another. .. Respondents. Counsel for the Petitioners: Mr. N. Aswartha Narayana. Counsel for Respondents: AGP for Revenue. The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of respondent No.2 in not entertaining the gift deed sought to be presented by petitioner No.2 for registration, as illegal and arbitrary. Petitioner No.2 is the assignee of the land admeasuring Ac.5.20 cents in Survey No.205-3 of Yatakallu Village, Setturu Mandal, Anantapur District. Intending to gift the said property in favour of petitioner No.1, who is no other than her own son, petitioner No.2 sought to present the gift deed before respondent No.2 for registration. As respondent No.2 has not received the said document on the ground that the same is an assigned land, the petitioners filed this writ petition. A perusal of the D-Form patta shows that under condition No.1, the assigned land is heritable, but not alienable. Petitioner No.1, being the son of petitioner No.2, the latter is entitled to bequeath the property in favour of her own son, as such disposal does not constitute alienation in favour of third parties. Respondent No.2 has failed to find the legal distinction between the alienation in favour of third parties and family settlement among the family members. Hence, this Writ Petition is disposed of with the direction to respondent No.2 to receive the gift deed sought to be presented by petitioner No.2 and register the same subject to the latter complying with the statutory requirements of the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. Before closing this case, I find it necessary to observe that many Sub-Registrars in the State have been refusing to register the gift deeds/settlement deeds pertaining to the assigned lands among the family members. This has been creating unnecessary litigation forcing the aggrieved parties to approach this Court. To avoid this vexatious litigation, the Principal Secretary (Revenue), Stamps & Registration Department of Andhra Pradesh, Hyderabad, is directed to issue a circular to all the Sub-Registrars in the State to accept the gift deeds relating to the assigned lands among the family members and report to this Court through the Government Pleader for Revenue within one week from the date of receipt of this order. As a sequel to disposal of the writ petition, WPMP.No.41874 of 2012 filed for interim relief is dismissed as infructuous. C.V.NAGARJUNA REDDY,J 19.11.2012 Note: Copy to the Principal Secretary (Revenue), Stamps & Registration of Andhra Pradesh, Hyderabad, (b/o) V V