APHC010706422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 36206 OF 2025 Between: 1. GAJULA VENKATESWARA RAO, S/O LATE SRI G. NARAYANA RAO, AGED ABOUT 72 YEARS, PARTNER, ABC ENGINEERING WORKS, AUTONAGAR, VIJAYAWADA ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY/, REVENUE (STAMPS AND REGISTRATION), SECRETARIAT BUILDINGS, AMARAVATHI, ANDHRA PRADESH. PINCODE 522238 2. THE DISTRICT REGISTRAR, DISTRICT REGISTRAR OFFICE, BENZ CIRCLE, VIJAYAWADA PINCODE- 520010 3. THE SUB REGISTRAR, DISTRICT REGISTRAR OFFICE, BENZ CIRCLE, VIJAYAWADA. PINCODE 520010 4. STATE BANK OF INDIA, REP. BY ITS AUTHORIZED OFFICER, STRESSED ASSETS RECOVERY BRANCH, SARB, 2ND FLOOR, TSRTC COMMUTER AMENITY CENTRE, BUS TERMINAL COMPLEX, KOTI, HYDERABAD 500 095. 5. THE STATION HOUSE OFFICER, PATAMATA POLICE STATION, VIJAYAWADA COMMISSIONERATE VIJAYAWADA. PINCODE 520010 6. SRI GAJULA GANESH VISHNU KUMAR, S/O LATE SRI G. SUBBA RAO, AGED ABOUT 40 YEARS, RESIDING AT D. NO. 40-3/1-54, SATYANARAYANA STREET, 0PP. FORTUNE MURALI PARK HOTEL, LABBIPETA, VIJAYAWADA PINCODE 520010 ...RESPONDENT(S): 2 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 any appropriate Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS,declaring the inaction of the Respondent No.3 in considering my representations dated 26-11-2025, 22.12.2025 (submitted on 23.12.2025) as arbitrary, illegal, capricious, and high handed, violative of Articles 14 and 21 and the guarantee under Article 300 A of the Constitution of India, apart from being in violation of the principles of natural justice and fair play, and consequently to direct the respondent No.1 to 3 to consider my representations dated 26- and prohibit the26-11-2025, 22.12.2025 (submitted on 23.12.2025) registration of the subject land referred to in the said representation, and to pass IA 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 leased to direct the 2"'^ respondent to consider representations dated 26-11- 2025 and 22.12.2025 (Submitted on 23.12.2025) pending disposal of the above writ petition and to pass IA 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 pleased todirect the 4*^ and 5 respondents to protect the land admeasuring 1064.8 Sq. yards in R S No. 228/2, Door No. 74/2/3, situate at Patamata, Vijayawada in all respects whatsoever as the 4^*^ respondent is the custodia legis as it holds the original documents relating to the said property as on date, pending disposal of the above writ petition and to pass IA NO: 3 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 leased todirect the respondents 1 to 3 not register any documents in respect the land admeasuring 1064.8 Sq. yards in R S Nb. 228/2, Door No. 74/2/3, situate at Patamata, Vijayawada, pending disposal of the above writ petition and to pass Counsel for the Petitioner: G SUNDARESAN Counsel for the Respondent(S): S SATYANARAYANA MOORTHY GP FOR HOME GP FOR REVENUE 3 The Court made the following order: Heard Sri Y.Srinivasa Murthy, learned Senior Counsel appearing for Sri G.Sundaresan, learned counsel for the petitioner, Ms. Kotharu Vijayeswari, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri S.Satyanarayana Moorthy, learned counsel for unofficial respondent No.6. 2. The grievance of the petitioner in the instant writ petition is against the inaction on the part of the 3rd respondent in considering the representations dated 26.11.2025 and 22.12.2025 filed by the petitioner to prohibit the registration of the subject land referred to in the said representations. 3. Learned Senior Counsel appearing for the petitioner contends the original sale documents of the said property are under mortgage with the State Bank of India, however, the petitioner’s nephew (brother’s son), after the demise of the petitioner’s brother, is proposing to dispossess the petitioner from the subject property and alienate the same in favour of third parties and in this regard, the State Bank of India vide letter dated 16.12.2025 has confirmed that the custody of original property documents are with it. 4. Thus, he contends that having regard to the same, the authorities ought not to have entertained the application submitted by the petitioner’s nephew for transfer of the property. However, without considering the representation, the Sub-Registrar has proposed to entertain and register the document affecting transfers. 4 5. Ms. Kotharu Vijayeswari, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4, submits that the relief sought in the writ petition is not maintainable. It is further argued that there is no obligation on the Sub-Registrar to refuse registration without being barred from doing so. 6. Having regard to the contentions advanced, without going into the merits of the case, this Court deems it appropriate to dispose of the writ petition with a direction to respondent Nos.2 and 3 to pass appropriate orders on the representations dated 26.11.2025 and 22.12.2025 submitted by the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 04.05.2026 BSK 5 137 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 36206 OF 2025 Date: 04.05.2026 BSK