Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 17216 (AP)

Sivalanki Sankara Rao, v. State of Andhra Pradesh,

WP/11592/2025 · 2025-06-17

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD WRIT PETITION NO: 11592 OF 2025 Between: Sivalanki Sankara Rao, S/o. Venkata Rao, Aged 46 years, Occ; Cultivation R/o. Door No. 12-9-44, Kaki Street, Srikakulam Town Srikakulam District. ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue (Stamps and Registration) Department Secretariat Velagapudi, Amaravati, Guntur District. 2. The District Registrar, Srikakulam, Srikakulam District. 3. The Joint Sub Registrar-1, Srikakulam, Srikakulam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in refusing to furnish valuation particulars as per basic value register, receive and register any deed of conveyance for alienation being presented by the petitioner in respect of landed property admeasuring Ac.0.57 cents and Ac.0.10 cents in T.S.No.377/2B (R.S.No.248/2) situated in Dandi Street, Srikakulam as illegal, irregular, irrational, violative of provisions of The Registration Act, 1908 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent may Srikakulam Town, Srikakulam Municipal Corporation limits District, 4 to receive, register and release any deed of conveyance connected to the aforesaid landed property. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the 3rd respondent to furnish valuation particulars per basic value register, receive and register any deed of conveyance for alienation being presented by the petitioner in respect of landed property admeasuring Ac.0.57 cents and Ac.0.10 may as cents in T.S.N0.377/2B (R.S.No.248/2) situated in Dandi Street, Srikakulam Town, Srikakulam Municipal Corporation limits, Srikakulam District, Pending disposal of the main writ petition. Counsel for the Petitioner : SRI SRINIVAS AMBATI Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER APHC010233802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11592/2025 Between: Sivalanki Sankara Rao, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRI NIVAS AMBATI Counsel for the Respondent{S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: f"' THE HONOURABLE SRUUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11592/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3''^ respondent in refusing to furnish valuation particulars as per basic value registe,r receive and register any deed of conveyance for alienation being presented by the petitioner in respect of landed property admeasuring Ac.0.57 cents and Ac.0.10 cents in .TS.No.377/2B (R.S.No.248/2) situated in Dandi Street, Srikakulam Town, Srikakulam Municipal Corporation limits, Srikakulam District as illegal. Irregular, irrational, violative of provisions of The Registration Act, 1908 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the 3^^ respondent to receive, register and release any deed of conveyance connected to the aforesaid landed property and pass such other order or orders....” Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. The claim of the petitioner herein is that the petitioner has submitted a draft registered sale deed dated 30.03.2025 to register the same in favour of the purchaser and placed before the respondent No.3 herein. But, for one reason or the other, respondent No.3 neither received, registered the document nor refused and passed any order, so far. Hence, the writ petition. 3. ■ ■ 4. Learned counsel for the petitioner submits that in respect of the subject land in similar survey number, the then learned Government Pleader Srikakulam addressed a letter dated 08.11.2024 to the District Registrar, Srikakulam clarifying the nature of the land and also suggested that the lands in R.S.No.248/2 (T.S.No.377/2B) are free hold lands and respondent authorities cannot restrain the registration regarding the subject land. Therefore, the petitioner is entitled to the relief as claimed by him and the respondent No.3 shall receive and register the document placed before him as per the terms of Section 71 of the Registration Act, 1908. 5. On the other hand, learned Government Pleader for respondent Nos. 2 and 3 furnished written instructions dated 30.04.2025 issued by respondent No.3, wherein, it is stated as follows: “In this case, the temporary injunction granted in O.S.No.130 of 2024 was brought to the notice of the registering authority. Accordingly, the 3''^ respondent has to act in conformity with S. 0.219(b), exercise restraint from proceeding with registration of any transaction related to the subject land. I submit that no evidence has been filed along with the writ petition showing that the petitioner ever formally submitted the sale deed for registration or made any written representation before the Sub-Registrar that was rejected. ” 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents and on perusal of the written instructions placed on record, it appears that since the petitioner already submitted draft sale deed before the respondent No.3, the respondent No.3 shall receive and register the same or to pass an order, in accordance with law. in view of the foregoing discussion, the writ petition is disposed of. 7. directing respondent No.3 herein either to receive and consider the draft sale deed already submitted by the petitioner or to pass appropriate orders or to register the same, if it is in accordance with law, as expeditiously as possible. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER The Principal Secretary to Government, Revenue (Stamps and Registration) Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. The District Registrar, Srikakulam, Srikakulam District. The Joint Sub Registrar-1, Srikakulam, Srikakulam District. One CC to Sri Srinivas Ambati, Advocate [OPUC] Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. To, 1. 2. 3. 4. 5. 6. Cnr RAM HIGH COURT DATED: 18/06/2025 ORDER WP.No.11592 of 2025 ST 2 8 JUN 2025 ) ysXuiwatStcttgl^ S> Co DISPOSING THE W.P. WITHOUT COSTS