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2025 DAILYLAW 17688 (AP)

GONGATI GIRI KUMARI v. THE STATE OF AP

WP/12548/2025 · 2025-05-06

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE ."I > PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12548 OF 2025 Between: Gongati Giri Kumari, W/o. Kishore Kumar, Aged about 60 Years, Occ: House Wife Bangla Compound, Podili Village & Podili Mandal, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department A.P Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Commissioner and Inspector General of Registration and Stamps, Govt, of Andhra Pradesh, Registration Bhavan Gollapudi, Vijayawada, Krishna District. 3. The District Registrar, Markapuram, Prakasam District. 4. The Sub-Registrar, Podili, Prakasam 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 a WRIT OF MANDAMUS or any other appropriate Writ Order or orders. Direction to declare the proceedings of the 2"'^ Respondent in Draft Memo No. G2/19134/2011 dt.01-12-2011 as illegal, without jurisdiction and Unconstitutional and to issued consequential direction to the 4‘'^ respondent to receive and register the document that may be presented by the petitioners for registration in respect of the houses site for an extent of Ac. 0-08 cents or 387.2 Sq. Yards, of nearest Door No. 9-231, in Sy. No. 201, situated in Podili Village and Mandal, Prakasam District., without reference to the memo of the 2"^^ respondent bearing No. G2/19134/20f1 dt.01-12-2011. 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 4*^ Respondent to receive and register the documents that may be presented by the petitioners for registration in respect of the house site for an extent of Ac. 0-08 cents or 387.2 Sq. Yards, of nearest Door No. 9-231, in and Mandal, Prakasam District without reference to the memo of the 2 respondent bearing No. G2/19134/2011 dt.01-12- 2011 pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI GADA VENKATESWARLU Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondent Nos.2 to 4: GP FOR REGISTRATION & STAMPS % Sy. No. 201, situated in Podili Village nd The Court made the following: ORDER ^APHCOI0242072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12548/2025 Between: Gongati Giri Kumari ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.VENKATESWARLU GADA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: 2 NV,J W.P.No.l2548of 2025 ORDER: 1. The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “ pleased to issue 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 illegal, without jurisdiction and Unconstitutional and to issued consequential direction to the 4th respondent to receive and register the document that may be presented by the petitioners for registration in respect of the houses site for an extent of Ac. 0-08 cents or 387.2 Sq. Yards, of nearest Door No. 9-231, in Sy. No. 201, situated in Podili village and Mandal, Prakasam District., without reference to the memo of the 2nd respondent bearing No. G2/19134/2011 dt.01-12-2011 2. Heard learned counsel for the petitioner and learned Government Pleader for Stamps and Registration. 3. When the matter is taken up for hearing, learned counsel for the petitioner 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. 4. Learned Government Pleader does not refute the submission that the said order covers the matter before this Court in this Writ Petition. 3 NV,J W.P.No.12548 of 2025 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.G1/1382/2011, 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 and S.Nagi Reddy v. Joint Registrar, Tirupati^. 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." 4 NV,J > W.P.No.12548 of 2985 6. Following the said order, this Writ Petition is disposed of in terms thereof, directing the respondent to receive and register the document presented by the petitioner for registration in respect of the property of an extent of Ac.0-08 cents in Sy.No.201, D.No.9-231 Prakasam District. Podili Village and Mandal 7. Accordingly, the Writ Petition is disposed of. There shall be to costs. no order as 8. Consequently, miscellaneous applications pending if stand closed. any, shall also Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Commissioner & Inspector General of Registration & Stamps, Government of Andhra Pradesh, Registration Bhavan Gollapudi, Vijayawada, Krishna District. 3. The District Registrar, Markapuram, Prakasam District. 4. The Sub-Registrar, Podili, Prakasam District. 5. One CC to Sri Gada Venkateswarlu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. gi ✓ HIGH COURT DATED:07/05/2025 ORDER WP.No.12548 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS