APHC010256302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13710/2025 Between: 1. LAGADAPATI VENKATA RAO, S/O.VENKAIAH AGED ABOUT 69 YEARS, OCC. BUSINESS, R/O.L.V.R NILAYAM, A.B.M.COMPOUND, VINUKONDA, GUNTUR DISTRICT. 2. KAMMA SRINIVASA RAO, , S/O. SURYANARAYANA RAO, AGED ABOUT 51 YEARS, OCC BUSINESS, R/O.D.NO. 1-184-2A, EDHARA VILLAGM AND POST, MUNDLAMURU MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATIONS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSINER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, STATE OF ANDHRA PRADESH, GUNTUR, GUNTUR DISTRICT. 3. THE DISTRICT REGISTRAR, , REGISTRATION AND STAMPS, NARASARAOPET, PALNADU DISTRICT. 4. THE SUB REGISTRAR, VINUKONDA, PALNADU DISTRICT. 2 ...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 tomay be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned Draft Memo 395 of A.B.M. No.G2/19134/2011 dt.01.12.2011 of the 2nd respondent as illegal, unconstitutional, contrary to the provisions of the Registration Act 1908 and against the rulings of this Honble Court and set aside the aforesaid impugned Memo and issue a consequential direction to the 2nd Respondent to delete the Memo No.G2/19134/2011 dt.01.12.2011 from the prohibited list so as to with respect of the petitioners properties concerned and further directing the 4th Respondent to receive, process, register and release the petitioners documents proposed to be submitted pertaining to their house properties to an extent of 336 square yards in Door. No. 30-470 in D.No. 395 and to an extent of 336 square yards in Door. No. 30-340 in D.No. 394/1 each of the petitioners respectively situated in Sy. Nos. 394/1, 395 of A.B.M. Compound, Venkateswara Hall Back Side, Vinkounda Town, Paindau District (erstwhile Guntur District) are concerned and further directing the 4th Respondent to receive, process, register and release the petitioners document proposed to be submitted pertaining to house properties to an extent of 336 square yards in Door. No. 30-470 in D.No. 395 and to an extent of 336 square yards in Door. No. 30-340 in D.No. 394/1 each of the petitioners respectively situated in Sy.Nos.394/1395 of A.B.M. Compound, Venkateswara Hall Back Side, Vinkounda Town, Paindau District (erstwhile Guntur District) without refrence to the Memo NO.G2/19134/2011 dt.01.12.2011 of the 2nd Respondent and to pass such 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 may be pleased to direct the Respondents to receive, process, register and release the petitioner document proposed to be submitted pertaining to house Door. No. 30-470 in D.No. properties to an extent of 336 square yards in 395 and to an extent of 336 square yards in Door. No. 30-340 in D.No. 394/1 each of the petitioners respectively situated in Sy. Nos. 394/1, 395 of A.B.M. Compound, Venkateswara Hall Back Side, Vinkounda Town, Paindau District 3 (erstwhile Guntur District) without refrence to the Memo NO.G2/19134/2011 dt.01.12.2011 of the 2nd Respondent forthwith pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 1. MD SALEEM Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13710/2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “…..may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned Draft Memo No.G2/19134/2011 dt.01.12. 2011 of the 2ndrespondent as illegal, unconstitutional, contrary to the provisions of the Registration Act 1908 and against the rulings of this Hon’ble Court and set aside the aforesaid impugned Memo and issue a consequential direction to the 2ndRespondent to delete the Memo No.G2/19134/2011 dt.01.12.2011 from the prohibited list so as to with respect of the petitioners properties concerned and further directing the 4thRespondent to receive, process, register and release the petitioners documents proposed to be submitted pertaining to their house properties to an extent of 336 square yards in Door. No.30-470 in D.No. 395 and to an extent of 336 square yards in Door. No. 30-340 in D.No. 394/1 each of the petitioners respectively situated in Sy. Nos. 394/1, 395 of A.B.M. Compound, Venkateswara Hall Back Side,Vinkounda Town,Palndau District (erstwhile Guntur District) are concerned and further directing the 4thRespondent to receive, process, register and release the petitioners document proposed to be submitted pertaining to house properties to an extent of 336 square yards in Door. No. 30-470 in D. No. 395 and to an extent of 336 square yards in Door. No. 30-340 in D.No. 394/1 each of the petitioners respectively situated in Sy.Nos. 394/1, 395 of A.B.M. Compound, 5 Venkateswara Hall Back Side,Vinkounda Town, Palndau District (erstwhile Guntur District) without reference to the Memo No.G2/19134/2011 dt.01.12 2011 of the 2ndRespondent and to pass such…..” 2. Heard learned counsel for the petitioners and learned Government Pleader for Stamps and Registration. 3. When the matter is taken up for hearing, learned counsel for the petitioners submits that in similar set of facts, this Court passed an order dated 29.04.2024 in W.P. No.10022 of 2024 by setting aside the Memo dated 01.12.2011. Further, learned counsel for the petitioners prayed this Court to consider the same and dispose of the present Writ Petition. In the said Writ Petition, the learned Single Judge of this Court had relied on the Judgment in W.P.1981 of 2020, dated 03.01.2020. 4. 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 6 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 District¹ and S.Nagi Reddy v. Joint Registrar, Tirupati². 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." 5. Learned Government Pleader does not refute the submission that the said order covers the matter before this Court in this Writ Petition. 6. Following the said order, and in view of the case, since the Memo dated 01.12.2011 was set aside by the order dated 29.04.2024 in W.P.No.10022 of 2024, this Writ Petition is disposed of directing the 4th respondent-Sub Registrar, Vinukonda, Palnadu District to receive and register the document 7 that may be presented by the petitioners, if it is in otherwise in accordance with law, subject to compliance of the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 19.06.2025 SSCCHH 8 335 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.13710 of 2025 19.06.2025 SSCCHH