APHCOI 0234302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ' XvHJC (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12147 OF 2025 Between: Palagani Swarna Kumari, W/o Ramesh, aged about 41 years, House Wife R/o D.No.8-14, Parvathi Nagar, Irikipenta Village Post, Somal Mandal Chittoor District-517257. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Stamps and Registration Department, Velagapudi, Guntur 2. The State of Andhra Pradesh, Rep by its Special Chief Secretary Revenue (Lands-I) Department, Velagapudi, Guntur District 3. The District Collector, Rayachoti, Annamayya District. 4. The Taslidhar Gurramkonda Mandal, Annamayya District. The Sub Registrar, Vailapadu Mandal, Annamayya 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 may be pleased to issue an appropriate writ, order or direction more particularly the nature of Writ of Mandamus declaring the action of the 5th respondent in fusing to entertain the Gift Settlement deed dated 24.02.2025 executed by the mother of the petitioner for registration inspite of the petitioner expressing her one in willingness to deposit the required stamp duty and registration charges as the rules on the ground of direction issued by the 2nd respondent directing all the ' - district collector and sub-registers not to entertain the document for Hbgistfetion in respect of freehold assigned lands is illegal arbitrary and violative of Article 14, 19(,1)(g), 21 of the Constitution of India and consequently direct the respondents to register the Gift Settlement deed in favour of the petitioner duly taking stamp duty and registration charges as per rules 1 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 direct the 5th respondent to receive and process the Gift settlement deed dated 24.02.2025 in favour of the petitioner as per the rules, pending disposal of the Writ Petition Counsel for the Petitioner: SRI J M NAIDU Counsel for the Respondents No.1, 5: GP FOR REGISTRATION AND STAMPS Counsel for the Respondents No.2 to 4: GP FOR REVENUE The Court made the following: Order -■ c. APHC010234302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3329] ■J.Vir!: TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12147/2025 Between: 1.PALAGANI SWARNA KUMARI, W/0 RAMESH, AGED ABOUT 41 YEARS, HOUSE WIFE, R/0 D.NO.8-14 IRIKIPENTA VILLAGE DISTRICT-517257. PARVATHI NAGAR, POST, SOMAL MANDAL, CHITTOOR ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY STAMPS AND REGISTRATION DEPARTMENT, VELAGAPUDI, GUNTUR 2.THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECR REVENUE (LANDS-I) DEPARTMENT, VELAGAPUDI, GUNTUR DISTRIC 3.THE DISTRICT COLLECTOR, RAYACHOTI, ANNAMAYYA DISTRICT. 4.THE TASLIDHAR GURRAMKONDA DISTRICT. MANDAL, ANNAMAYYA 5.THE SUBREGISTRAR, VAILAPADU DISTRICT. MANDAL, ANNAMAYYA ...RESPONDENT(S): 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 topleased to issue an appropriate writ, order or direction more 2 particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in fusing to entertain the Gift Settlement deed dated 24.02.2025 executed by the mother of the petitioner for registration inspite of the petitioner expressing her willingness to deposit the required stamp duty and registration charges as the rules on the ground of direction issued by the 2nd respondent directing all the district collector and sub-registers not to entertain the document for registration in respect of freehold assigned lands is illegal arbitrary and violative of Article 14, 19(1)(g), 21 of the Constitution of India and consequently direct the respondents to register the Gift Settlement deed in favour of the petitioner duly taking stamp duty and registration charges as per rules and pass 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 pleased to direct the 5th respondent to receive and process the Gift settlement deed dated 24.02.2025 in favour of the petitioner as per the rules, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.J M NAIDU Counsel for the Respondent(S); 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12147 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: - “To issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in refusing to entertain the Gift Settlement deed dated 24.02.2025 executed by the mother of the petitioner for registration inspite of the petitioner expressing her willingness to deposit the required stamp duty and registration charges as the rules on the ground of direction issued by the 2nd respondent directing all the district collectors and sub-registrars not to entertain the document for registration in respect of freehold assigned lands is illegal, arbitrary and violative of Article 14, 19(1)(g) 21 of the Constitution of India and consequently direct the respondents to register the Gift Settlement deed in favour of the petitioner duly taking stamp duty and registration charges as per rules and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. Learned counsel for the petitioner submits that the mother of the petitioner is landless poor person, considering her financial and social status, the 4*'' respondent herein granted assignment of land in Sy.No. 1166/3 to an extent of Ac.4.95 cents situated at Tharigonda village, Gurramkonda Mandal, Annammaya District 45 years ago and ever since, the mother of the petitioner has been cultivating the land; later on, the 4*^ respondent has issued pattadar passbook and adangals in favour of mother of the petitioner. Learned counsel for the petitioner further submits that out of love and affection the 4 mother of petitioner has executed a gift settlement deed petitioner on 24.02.2025 in in favour of respect of subject assignment land. Even deed, said to have though the petitioner submitted gift settlement been executed by her mother, for registration, on 24.02.2025, the respondent authorities neither entertained the registration nor issued any order of refusal to challenge the same. He further submits that for one reason or other, without issuing any proceedings, the respondents are not entertaining the proposed gift settlement for registration. deed 4. On the other hand, learned Government Pleader for Stamps and Registration furnished the written instructions dated 25.06.2025, wherein it is stated as follows: “It IS humbly submit that regarding the survey No. 1166/3 an extent of Ac.4.95 cents of Tharigonda Revenue village of Gurramkonda Mandal, Gift/settlement document was not presented for registration the petitioner or others to this office. ” Section 71 of the Registration Act, 1908 reads deed purpose by 5. as under: “Section 71 of the Registration Act, 1908, mandates that If a Sub-Registrar refuses to register a document, they must record the reasons for refusal in Book No. 2 and endorse the document registration refused". This to provide a as section also requires the Sub-Registrar copy of the reasons to the applicant upon request 6. Considering the submissions counsel and on perusal of the written instructions made by both the learned submitted by the k 5 Government Pleader, this Court deems it appropriate to Writ Petition directing the petitioner to submit the learned dispose of the Gift settlement deed before the concerned Sub Registrar week from the date of receipt of copy of this proposed within a period of one Order. After receipt of the same, the Sub Registrar, Vayalpadu is directed to consider the same and pass appropriate orders iin accordance with law, within a period of two weeks thereafter. the Writ Petition is disposed of. With the above direction There shall be no order as to costs, sequel miscellaneous applications, pending, if any, shall 7. As a also stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// StCTlON OrhSCER To, Principal Secretary Stamps and Registration Department, State of Andhra Pradesh, Velagapudi, Guntur 2. The Special Chief Secretary, State _. Department, Velagapudi, Guntur District 3. The District Collector, Rayachoti, Annamayya District. Gurramkonda Mandal, Annamayya District. 1. The of Andhra Pradesh, Revenue (Lands-I) 4. The Taslidhar Vailapadu Mandal, Annamayya District. 5. The Sub Registrar, 6. One CC to SRI J M NAIDU Advocate [OPUC] revenue. High Court of Andhra Pradesh [OUT] REGISTRATION, High Court of 7. Two CCs to GP FOR CCS to GP FOR STAMPS AND Andhra Pradesh [OUT] 8. Two 9. Two CD Copies gsg HIGH COURT DATED: 01/07/2025 I I ORDER : I O WP 12147/2025 DISPOSING THE WP WITHOUT COSTS