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High Court of Andhra Pradesh · body

2025 DAILYLAW 21370 (AP)

MEKALA PRAVEEN KUMAR REDDY v. THE STATE OF AP

WP/14993/2025 · 2025-06-29

Venkateswarlu Nimmagadda

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^ J APHC010301862025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) | If a:/ MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14993 OF 2025 Between: 1. Mekala Praveen Kumar Reddy, S/o M.Doraswami Reddy, Aged about 49 years, Occ: Business, Resident of LBS Road, Filer Village and Mandal, Annamayya District. 2. Shaik Abdul Rasheed, S/o Shaik Basha Seheb, Aged about 50 years, Occ Business, Resident of D.No.2-1212, Padmavathi Nagar Town and Mandal, Annamayya District. Filer ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Department of Revenue, Secretariat Buildings District. 2. The District Collector, Annamayya District at Rayachoty. 3. The Tahsildar, Filer Mandal, Annamayya District. 4. The District Registrar, Stamps and Registration,Rayachoty, Annamayya District. 5. The Sub Registrar, Stamps and Registration, Filer, 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 Amaravathi, Guntur $ pleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the order of refusal dated 04-02-2022 of the 5TH respondent in refusing to register the Document bearing P.No.14 of the land admeasuring an extent of Ac.2.025 cents in Sy.No.225/1, situated i Agraharam village. Filer Mandal, Annamayya District without 2022 for in looking into the to 165/Piler/2018, dated 18-05-2018 issued by the 2ND respondent and subsequent letter vide Proc. REV-ESEC/139/2018- JA(F4)-COLCTR, dated 03-08-2019 Proceeding R.Dis.E4/152 to 156, 162 No.ROC- addressed to the violation of respondent to 3RD respondent is illegal, arbitrary, unconstitutional and principles of natural justice and consequently direct the 5TH register and release the document bearing P.No.l4, dated 29-01-2022. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the 5th respondent to register and release the document bearing P.No.14, dated 29-01-2022 presented by the petitioners in respect of the property admeasuring an extent of Ac.2.025 cents in Sy.No.225/1, situated in Agraharam village, Filer Mandal, Annamayya District, pending disposal Writ petition before this Honourable court. of the Counsel for the Petitioners: SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent Nos. 4 and 5:GP FOR REGISTRATION AND STAMPS The Court made the following order: % APHC010301862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14993/2025 Between: 1.MEKALA PRAVEEN KUMAR REDDY, S/0 M.DORASWAMI REDDY, AGED ABOUT 49 YEARS, OCC BUSINESS, RESIDENT OF LBS ROAD, FILER VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. 2.SHAIK ABDUL RASHEED, S/0 SHAIK BASHA SEHEB, AGED ABOUT 50 YEARS, OCC BUSINESS, PADMAVATHI NAGAR, FILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. RESIDENT OF D.NO.2-1212, ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3.THE TAHSILDAR, FILER MANDAL, ANNAMAYYA DISTRICT. 4.THE DISTRICT REGISTRAR, STAMPS AND REGISTRATION RAYACHOTY, ANNAMAYYA DISTRICT. 5.THE SUB REGISTRAR, STAMPS AND REGISTRATION, ANNAMAYYA DISTRICT. FILER, 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 topleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the order of refusal dated 04-02-2022 of the 5TH respondent in refusing to register the Document bearing P.No.l4 of 2022 for the land admeasuring an extent of Ac.2.025 cents in Sy.No.225/1, situated in Agraharam village. Filer Mandal, Annamayya District without looking into the Proceeding R.Dis.E4/152 to 156, 162 to 165/Piler/2018, dated 18-05-2018 issued by the 2ND respondent and subsequent letter vide Proc. No.ROC-REV-ESEC/139/2018- addressed to the 3RD respondent is illegal, arbitrary, unconstitutional and violation of principles of natural justice and consequently direct the 5TH respondent to register and release the document bearing P.No.l4, dated 29- 01-2022 and pass such 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 register and release the document bearing P.No.14, dated 29-01-2022 presented by the petitioners in respect of the property admeasuring an extent of Ac.2.025 cents in Sy.No.225/ 1, situated in Agraharam village. Filer Mandal, Annamayya District, pending disposal of the Writ petition before this Honourable court, and pass Counsel for the Petitioner(S): 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: JA(F4)-COLCTR, dated 03-08-2019 '\y 3 % THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14993/2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief; “..pleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the order of refusal dated 04-02-2022 of the respondent in refusing to register the Document bearing P.No.14 of 2022 for the land admeasuring an extent of Ac.2.025 cents in Sy.No.225/1, situated in Agraharam village, Filer Mandal, Annamayya District without looking into the Proceeding R.Dis.E4/152 to 156, 162 to 165/Piler/2018, dated 18- 05-2018 issued by the 2'^^ respondent and subsequent letter vide Proc.No.ROC-REV-ESEC/139/2018-JA(F4)-COLCTR, dated 03- 08-2019 addressed to the 3'’^ respondent is illegal, arbitrary, unconstitutional and violation of principles of natural justice and consequently direct the 5^^ respondent to register and release the document bearing P.No.l4, dated 29-01-2022 and pass such pass. Heard learned counsel for the petitioners and learned Government 2. Pleader for the respondents. When the matter is taken up for hearing, learned counsel for the 3. petitioner submits that in similar set of facts, this Court passed an order dated 30.06.2025 in W.P.No.14987 of 2025 and prayed this Court to consider the same and dispose of the present Writ Petition. Wherein, the relevant portion of the said judgment is extracted hereunder: 4 ¥ “7. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and on perusal of the material placed on record and in view of the order dated 22.08.2023 passed by this Court in W.P.No.21437 of 2023, this Court is of the considered view that the present writ petition can be disposed of, with the following directions: Refusal order dated 04.02.2022 issued by 0 respondent No. 5 is hereby set aside. The petitioners herein are directed to re submit the document i.e., P.No.15 of 2022 to the respondent authorities, more particularly, respondent No. 5 within a period of three (03) weeks from the date of receipt of a copy of this order. On receipt of such document, the respondents are directed to receive the document and take necessary action in the light of the proceedings of the 2’^^ respondent dated 18.05.2018 and subsequent letter dated 03.08.2019 addressed to respondent No.3, deleting the subject property from the prohibited list, process and release the same, if it is otherwise in compliance with the provisions under Stamps and Registration Act, within a period of four (04) weeks, thereafter. ii) 4. Learned Government Pleader does not refute the submission that the said order covers the matter before this Court in this Writ Petition. Follo\A/ing the said order, the Writ Petition is disposed of with the 5. following directions: Refusal order dated 04.02.2022 issued by respondent No.5 is i) hereby set aside. 5 ii) The petitioners herein are directed to re-submit the document i.e., P.No.14 of 2022 to the respondent authorities, more particularly, respondent No.5 within a period of three (03) weeks from the date of receipt of a copy of this order. On receipt of such document, the respondents are directed to receive the document and take necessary action in the light of the proceedings of the 2"^ respondent dated 18.05.2018 and subsequent letter dated 03.08.2019 addressed to respondent No.3, deleting the subject property from the prohibited list, process and release the same, if it is otherwise in compliance with the provisions under Stamps and Registration Act, within a period of four (04) weeks, thereafter. 6. 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. SD/- N NAGAMMA ASSiSTANT REGISTRAR ! //TRUE COPY// SECTION OFFICER To, Department of Revenue, State of AP, 1. The Principle Secretary Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, Annamayya District at Rayachoty. 3. The Tahsildar, Piler Mandal, Annamayya District. 4. The District Registrar, Stamps and Registration, Rayachoty Annamayya District. 5. The Sub Registrar, Stamps and Registration, Filer, Annamayya District. 6. One CC to Sri. Vutupalli Rajanna Advocate [OPUC] 7. TwoCCsto GP for Revenue High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Registration and Stamps High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC HIGH COURT DATED:30/06/2025 ORDER WP NO. 14993 OF 2025 DISPOSING THE WP WITHOUT COSTS