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2025 DAILYLAW 21296 (AP)

KATTA UMASHANKAR v. THE STATE OF ANDHRA PRADESH

WP/15150/2025 · 2025-06-23

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010300872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) . s TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE < PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15150 OF 2025 Between: 1. Katta Umashankar, S/o Lakshmaiah, Aged 41 years, R/o. Door No. 7/445-B, New Krishna Nagar, Kodur Village and Post, Kondur Mandal, Annamayya District. - 2. Katta Swathi, W/o Umashankar, Aged 33 years. Door No. 7/445-B, New Krishna Nagar, Kodur Village and Post, Kondur Mandal, Annamayya District. Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Rep. by its Principal Secretary (Revenue Department) Stamps and Registration Department, Secretariat, Velagapudi, At Amaravati. 2. The District Registrar, Royachoti, Annamayya District. 3. The Sub Registrar, Pullampet, 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 a Writ or an order or direction, more particularly one in the nature of Writ of Mandamus declaring order of Refusal in proceedings No Refusal No.05/2025 dated 28.04.2025 issued by the 3rd respondent, thereby refusing to register document of Sale Deed dated 23.04.2025 and keeping the same as pending document vide P.No. 08/2025, in respect of the property admeasuring 195.55 square yards, in survey No.684/1 of Kodur Revenue Village and Post, Kodur Mandal, Annamayya District, inspite of the same issue is being covered by repeated orders of this Hon'ble Court, as illegal, irregular, irrational, violative of principles of natural justice, contrary to the provisions of the Registration Act, 1908 and rules framed there under and offends Article 14 and 21 of Constitution of India and consequently to direct the respondents 2 and 3 to register and release the said Sale Deed forthwith. 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 respondent 2 &. 3 to register and release the Sale Deed Document P.N0.O8/2625 dated 23.04.2025 (covered by progs.No: Refusal No. 05/2025 dated 28.04.2025), pending disposal of the above writ petition. Counsel for the Petitioners: SRI BALAJI MEDAMALLI - Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following order: APHC010300872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15150/2025 Between: 1.KATTA UMASHANKAR, S/0 LAKSHMAIAH, AGED 41 YEARS, R/0 DOOR NO. 7/445-B, NEW KRISHNA NAGAR, KODUR VILLAGE AND POST, KONDUR MANDAL, ANNAMAYYA DISTRICT. 2.KATTA SWATHI,, W/0 UMASHANKAR, AGED 33 YEARS. DOOR NO. 7/445-B, NEW KRISHNA NAGAR, KODUR VILLAGE AND POST, KONDUR MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS REP. BY ITS PRINCIPAL SECRETARY, (REVENUE DEPARTMENT)STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AT AMARAVATI. 2.THE DISTRICT REGISTRAR, ROYACHOTI, ANNAMAYYA DISTRICT. 3.THE SUB REGISTRAR, PUIIAMPET, ANNAMAYYA DISTRICT. ...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 a Writ or an order or direction, more particularly one in the nature of Writ of Mandamus declaring order of Refusal in proceedings No Refusal No.05/2025 dated 28.04.2025 issued by the 3 rd respondent, thereby refusing to register document of Sale Deed dated 2 23.04.2025 and keeping the same as pending document vide P.No. 08/2025, in respect of the property admeasuring 195.55 square yards, in survey No.684/1 of Kodur Revenue Village and Post, Kodur Mandal, Annamayya District, inspite of the same issue is being covered by repeated orders of this Hon'ble Court, as illegal, irregular, irrational, violative of principles of natural justice, contrary to the provisions of the Registration Act, 1908 and rules framed there under and offends Article 14 and 21 of Constitution of India and consequently to direct the respondents 2 and 3 to register and release the said Sale Deed forthwith and to 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 respondent 2 &. 3 to register and release the Sale Deed Document P.No.08/2025 dated 23.04,2025 (covered by progj.No; Refusal No. 05/2025 dated 28.04.2025), pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1.BALAJI MEDAMALLI Counsel for the Respondent(S); 1.GP FOR REGISTRATION AND STAMPS The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15150 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. claiming the following relief: To pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring order of Refusal in one Proceedings No; Refusal No.5/2025 dated 28.04.2025 issued by the 3rd respondent thereby refusing to register document of Sale Deed dated 23.04.2025 and keeping the same as pending document vide P.No.8/2025 in respect of the property admeasuring 195.55 square yards in Survey No.684/1 of Kodur Revenue Village and Post, Koduru Mandal, Annamayya District, inspite of the same issue is being covered by repeated orders of this Hon’ble Court, as illegal, irregular, irrational, violative of principles of natural justice, contrary to the provisions of the Registration Act, 1908 and Rules framed there under and offends Articles 14 & 21 of the Constitution of India and consequently to direct Respondent Nos.2 & 3 to register and release the said Sale Deed forthwith.” The challenge laid in this writ petition is relating to the proceedings in 2. Proceedings No; Refusal No.5/2025 dated 28.04.2025 issued by Respondent No.3 refusing to register the sale deed dated 23.04.2025 executed in favour of the petitioners by their vendor on the ground that the subject property is covered by the stay orders of High Court of Andhra Pradesh in C.R.P.M.P. No.1546 of 2012 in C.R.P.No.1147 of 2012. 3. Heard Sri Balaji Medamalli, learned counsel for the petitioners and learned Government Pleader for Stamps and Registration. 4 Sri Balaji Medamalli, learned counsel, while reiterating the contents of the writ petition, further contended that neither the petitioners nor their vendor is party to C.R.P.No.1147 of 2012 on the file of this Court and therefore, the orders passed in the said Revision does not bind them and hence the ground on which the registering authority refused to register the document is untenable. Accordingly, prayed to allow the writ petition. 4. On the other hand, learned Government Pleader for Stamps and Registration justified the action of the registering authority in refusing to register the document. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. Vide impugned proceedings, registration of the sale deed dated 23.04.2025 executed in favour of the petitioners by their vendors was refused. The reasons for refusal are as follows; 7. “The document affects property in Survey Number 684/1 of Kodur Village, Kodur Gram panchayat. The property is covered by the injunction orders of the Hon’ble A.P. High Court in CRPMP No.1546 of 2012 in CRP No.1147 of 2012. Hence, registration of the document is refused as per S.0.219 of A.P. Registration Manual Part-ll (as amended by G.O.Ms.No.620 Revenue (Regn.l) Department dated 28.09.2002 read with G.O.Ms.No.497 Revenue (Regn.l) Department dated 7.4.2003.” 8. It is a well established principle of law that an order of injunction passed in a suit would operate only against the parties to it. A co-ordinate bench of this Court in W.P.No.11560 of 2011 held as follows: 5 . An order of injunction passed in a suit would operate only against the parties to it. Howsoever proximate or remote, a person may be connected to a party to proceedings before a Court, an order passed therein does not bind him, unless he is a party thereto.” It is the specific contention of the learned counsel for the petitioners that neither the petitioners nor their vendor is a party to the proceedings in CRP No.1147 of 2012. Co-ordinate bench of this Court in Writ Petition Nos.9139 of 2012 and 16921 of 2014 vide orders dated 02.04.2012 and 20.06.2014, placed reliance on the orders in W.P.No.11560 of 2011, allowed the writ petitions directing the registering authorities to receive and process the document in accordance with law, if the petitioners or their vendor’s or his vendor’s vendor are not parties to the order in C.R.P.No.1147 of 2012. The issue involved in this case is squarely covered by the orders passed in Writ Petition Nos. 9139 of 2012 and 16921 of 2014 and hence similar orders passed therein can be passed in this writ petition. 9. In the above view of the matter, in view of the orders passed in Writ Petition Nos. 9139 of 2012 and 16921 of 2014, this writ petition is disposed of, directing the Registering authorities to find out whether the petitioners, or their vendor are parties to the order in C.R.P.No.1147 of 2012 and in case they are not parties, the Registering authority shall process the document in accordance with law and release the same to the petitioners, within a period of four (04) weeks from the date of receipt of copy of this order. It is also made clear that the registration so made shall not affect the rights of the parties to 10. 6 the revision nor shall it create rights in favour of any person except the parties to the document. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand 11. closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECWN OFFICER To, 1. The Principal Secretary, (Ftevenue Department) Stamps and Registration Department, Secretariat, Velagapudi, At Amaravati. 2. The District Registrar, Royacholi, Annamayya Districts 3. The Sub Registrar, Pullarrrpet, Annamayya District. 4. One CC to Sri Balaji Medamalli Advocate [OPUC] 5. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF - HIGH COURT DATED:24/06/2025 ORDER WP NO. 15150 OF 2025 r 1 7 JUL 2025 rrentSectioo. DISPOSING OF THE W.P., WITHOUT COSTS