I APHC010315962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15784 OF 2025 Between: G V V S Narayana, S/o Pattabhiramaiah, aged 52 years, Contractor, R/o at D.No.8-2-022, Siddhartha Nagar, Yanam-4 ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Registration and Stamps, Govt, of AP Secretariat at Velagapudi, Amaravathi. 2. The Deputy Inspector General Registration and stamps department, Seethammadhara, Visakhapatnam 3. The District Registrar, Registration and Stamps Department, Visakhapatnam 4. The Joint Sub-Registrar, Anandapuram, Visakhapatnam 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 in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.4 herein in not entertain registered sale deed on the ground of non produce of NOC or any other revenue records with reference to agricultural dry lands in an extent of Ac.5-00 cents in Sy.No.195/1D situated at Gambheeram village accounts, Anandapuram Mandal, Visakhapatnam District having purchased under dt.30-01-2013 from his Vendor Kondru Srinu, despite he obtained agreement of sale the decree and judgment dt.02-02- 2016 passed in OS No.739/2015 on the file of the IV Addl. District Judge, Visakhapatnam against his vendor GOMS 279 Revenue (Assn.I) Department dt.04-07-2016 as well as by virtue of as wholly arbitrary. Illegal and without jurisdiction and void and violated the principles of natural justice and affected his rights guaranteed under article 14,19(1 (g) and 300(A) of the Constitution of India and consequently direct the 4*^ respondent herein or any other registered document or any other revenue records with reference to the agricultural dry lands in an extent of Ac.5-00 cents in Sy.No. 195/ID of Gambheeram village accounts, Anandapuram Mandal, Visakhapatnam District by consider the decree and judgment dt.02-02-2016 to receive and registered the sale deed without insisting to produce the NOC passed in O.S No.739/2015 on the file of the IV Addl. District Judge Visakhapatnam as well as GOMS 279 Revenue Assn.I Department dt.04-07-2016 on payment of stamp duty and registration charges 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 herein to receive and register the sale deed or any other registered document without insisting to produce the NOC any other revenue records with reference to the agricultural dry lands in an extent of Ac.5-00 cents in Sy.No. 195/ID situated at Gambheeram village Anandapuram Mandal, Visakhapatnam District by consider the decree and judgment dt.02-02-2016 in OS No.739/2015 on the file of the IV Addl. District Judge, Visakhapatnam as well as GO Ms. No.279 Revenue (Assn.I department) Dt. 04-07-2016 oh payment of stamp duty and Registration charges pending disposal of the Writ Petition accounts. f Counsel for the Petitioner: SRI TIRUMALA VIDYA CHARAN Counsel for the Respondents No.1 to 4: GP FOR REGISTRATION AND STAMPS The Court made the following order: V ( APHC010315962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15784/2025 Between: 1.G V V S NARAYANA, S/0 PATTABHIRAMAIAH, AGED 52 YEARS CONTRACTOR, R/0 AT D.NO.8-2-022, SIDDHARTHA NAGAR, YANAM-4 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REGISTRATION AND STAMPS, GOVT, OF AP SECRETARIAT AT VELAGAPUDI, AMARAVATHI. 2.THE DEPUTY INSPECTOR GENERAL REGISTRATION AND STAMPS DEPARTMENT, SEETHAMMADHARA, VISAKHAPATNAM 3.THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, VISAKHAPATNAM 4.THE JOINT SUBREGISTRAR, ANANDAPURAM, VISKHAPATNAM 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 2 pleased topleased to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.4 herein in not entertain registered sale deed on the ground of non produce of NOC or any other revenue records with reference to agricultural dry lands in an extent of Ac.5-00 cents in Sy.No.195/1D situated at Gambheeram village accounts, Anandapuram Mandal, Visakhapatnam District having purchased under dt.30-01-2013 from his Vendor Kondru Srinu, despite he obtained agreement of sale the decree and judgment dt.02-02- 2016 passed in OS No.739/2015 on the file of the IV Addl.District Judge,Visakhpatnam against his vendor GOMS 279 Revenue (Assn.l) Department dt.06-07-2016 as well as by virtue of as wholly arbitrary. Illegal and without jurisdiction and void and violated the principles of natural justice and affected his rights guaranteed under article 14,19(1 (g) and 300(A) of te Constitution of India and consequently direct the 4TH respondent herein any other registered document or any other revenue records with reference to the agricultural dry lands in an extent of Ac.5-00 cents in Sy.No.195/ID of Gambheeram village accounts, Anandapuram Manda, Visakhapatnam District by consider the decree and judgment dt.02-02-2016 to receive and registered the sale deed without insisting to produce the NOC passed in O.S No.739/2015 on the file of the IV Addl.District Judge Visakhapatnam as well as GOMS 279 Revenue Assn.l Department 2016 on payrfient of stamJ duty and registration charges lA NO: 1 OF 2025 or 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 herein to receive and register the sale deed or any other registered document without insisting to produce the NOC any other revenue records with reference to the agricultural dry lands in an extent of Ac.5-00 cents in Sy.No. 195/ID situated at Gambheeram village accounts, Anandapuram Mandal, Visakhapatnam District by consider the decree and judgment dt.02-02-2016 in OS No.739/2015 on the file of the IV Addl.District Judge,Visakhapatnam as well as GO Ms. No.279 Revenue (Assn.l department) Dt. 04-07-2016 oh payment of stamp duty and Vegistration charges pending disposal of the Writ Petition and pass 3 4r Counsel for the Petitioner; 1.TIRUMALA VIDYACHARAN Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15784/2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “ pleased to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No. 4 herein in not entertain registered sale deed on the ground of non produce of NOC or any other revenue records with reference to agricultural dry lands in an extent of Ac. 5-00 cents in Sy.No.195/1D situated at Gambheeram village accounts, Anandapuram Mandal, Visakhapatnam District having purchased under dt.30-01-2013 from his Vendor Kondru Srinu, despite he obtained agreement of sale the decree and judgment dt. 02-02-2016 passed in OS No. 739/2015 on the file of the IV Add!.District Judge, Visakhpatnam against his vendor GOMS 279 Revenue (Assn.l) Department dt.04-07-2016 as well as by virtue of as wholly arbitrary. Illegal and without jurisdiction and void and violated the principles of natural justice and affected his rights guaranteed under article 14, 19(1(g) and 300(A) of the Constitution of India and consequently direct the respondent herein or any other registered document or any other revenue records with reference to the agricultural dry lands in an extent of Ac. 5-00 cents in Sy. No. 195/ID of Gambheeram village accounts, Anandapuram Manda, Visakhapatnam District by consider the decree and judgment dt.02-02-2016 to receive and registered the sale deed without insisting to produce the NOC passed in O.S.No.739/2015 5 mV on the file of the IV Add!.District Judge, Visakhapatnam as well as GOMS 279 Revenue (AssnJ) Department 04-07-2016 on payment of stamp duty and registration charges ” 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 09.11.2020 in W.P.No.20706 of 2019 by directing the 5*'^ respondent therein to receive, register and release the document presented by the petitioner in respect of the land an extent of Ac.5.00 cents in Sy.No.337/1A of Chindepalli Village, Yerpedu Mandal, Chittoor District forthwith, if the same is otherwise in order, in accordance with the Rules framed under the Registration Act, 1908. Further, learned counsel for the petitioner prayed this Court to consider the same and dispose of the present Writ Petition. Wherein, the relevant portion of the said judgment, dated 09.11.2019, is extracted hereunder; Having regard to the facts and circumstances of the case, submissions of both the counsel and In view of the earlier orders passed by the common High Court and this Court, and the settled legal position, this court found that in view of the G.O.Ms.No. 279 dated 04.07.2016, wherein the Government had dispensed with the grant of No Objection Certificate in case of assignment of land to the Ex-Serviceman and Freedom Fighters, where 10 years period has elapsed 7. 6 r from the date of assignment and keeping in view of the ratio in the decision in M. Ramakrishna Vs. State of Andhra Pradesh^ which permits alienation of assigned land by an Ex-serviceman after expiry of 10 years. The action of the 5^'^ respondent in refusing to receive, register and release the document is illegal, arbitrary, contrary to the provisions of Registration Act. Hence, the 5^^ respondent is directed to receive, register and release the document presented by the petitioner in respect of the land an extent of Ac.5.00 cents situated in Sy.No.337/1A of Chindepalli Village, Yerpedu Mandal, Chittoor District forthwith, if the same is otherwise in order, in accordance with the Rules framed under the Registration Act, 1908. With the above directions, the Writ Petition is disposed of Learned Government Pleader does not refute the submission that the 4. said order covers the matter before this Court in this Writ Petition. Following the said order, and in view of the case, the Writ Petition is disposed of directing the 4''^ respondent- the Joint Sub Registrar, Anandapuram, Visakhapatnam District to receive and register the sale deed 5. and the documents, if any, presented by the petitioner in respect of the land an extent of Ac.5.00 cents in Sy.No.195/1D of Gambheeram Village Anandapuram Mandal, Visakhapatnam District, if it is in otherwise in ^ 1 2016(6) ALT 755 7 accordance with law, subject to compliance of the provisions of the Registration Act, 1908. 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/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, State of Andhra Pradesh, Department of Registration and Stamps, Govt, of AP, Secretariat at Velagapudi, Amaravathi. 2. The Deputy Inspector General Registration and stamps department, Seethammadhara, Visakhapatnam 3. The District Registrar, Registration and Stamps Department, Visakhapatnam 4. The Joint Sub-Registrar, Anandapuram, Visakhapatnam District 5. One CC to SRI TIRUMALA VIDYA CHARAN Advocate [OPUC] 6. Two CCs to GP FOR REGISTRATION AND STAMPS High Court of Andhra Pradesh [OUT] 7. Two CD Copies gsg t# HIGH COURT DATED: 07/07/2025 ORDER WP NO. 15784 OF 2025 ^ 2 8 JUL 2025 Jg iSftiwiitSeclioiiX^y ■''^Sseaisa^^ DISPOSING THE WP WITHOUT COSTS