i' APHC010320032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY.THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16390 OF 2025 Between: 1. Bale Pramila, W/o Bale Prakasa Rao.Aged about 58 years, R/o D/No.6- 29, Rajeev Gandhi Center, Agadallanka Village, Nidammaru Mandal, Eluru District. 2. . Bale Issaku, S/o Bale Prakasarao,Aged about 32 years R/o D/No.6- 29, Rajeev Gandhi Center, Agadallanka Village, Nidammaru Mandal, Eluru District. 3. Sarella Prasanthi Kumari, W/o Sarella Rama Krishna, R/o D/No. 10- 153, New Ashok Nagar Senivarapupeta, Eluru District. 4. Bale Jeevana Jyothi, W/o Vanamala Syambabu, R/o D/No. 13-20-16/2, Nallam Vari Street, Opp Uma Maheshwara Rao High School Gunupudi Village, Bhimavaram Mandal, West Godavari District. Opposite Heiapuri Lions Club, Eluru, r~ ...Petitioner/s AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Stamps and Registration Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur Dist. 2. The Commissioner and Inspector General of Stamps and Registration Department, Andhra Pradesh, Vijayawada, Krishna District 3. The District Collector, Eluru District, AP. 4. The District Registrar, Guntur, Guntur District, A.P 5. The Sub Registrar, Bhimadole, Bhimadole Mandal Eluru District, AP. 6. The Tahsildar, Bhimadole, Bhimadole Mandal Eluru District, AP. ...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 to issue a writ, order or direction more particularly one in the nature writ of mandamus questioning the action of the Respondent No.5, in not registering the Gift deed dated dt. 18-02-2025 vide C.S.No.1447 presented by the petitioners in respect of the fish tank land situated in Sy.No.233/1B1 for an extent of Ac. 1-25 Cents, In Sy.No.233/1B2 for an extent of Ac.1-25 Cents, In Sy.No.233/1B3 for an extent of 1-25 Cents, In Sy.No.233/1B4 for an extent of Ac. 1-35 cents, in Sy.No.233/1B5 for an extent of Ac.2-21 Cents, In Sy.No.234/1B for an extent of Ac.1.00 Cents, In Sy.No.234/2B for an extent of Ac. 1-00 Cents the total extent of land Ac.9-31 cent situated at Dosapadu Village, Denduluru Mandal, Eluru District as illegal, arbitrary, against the provisions of Indian Registration Act and violative of the petitioners right under Article 14, 21 and 300-A of Constitution of India and to direct the Respondent No.5 to receive and register the gift deed dated 18-02-2025 Vide C.S.No.1447 presented by the petitioners in respect of the fish tank land in Sy.No.233/1B1 for consequently an extent of Ac.1-25 Cents In Sy.No.233/1B2 for an extent of Ac.1-25 Cents, In Sy.No.233/1B3 for an extent of 1-25 Cents, In Sy.No.233/1B4 for an extent of Ac. 1-35 cents, in Sy.No.233/1B5 for an extent of Ac.2-21 Cents, In Sy.No.234/1 B for an extent of Ac.1.00 Cents, In Sy.No.234/2B for an extent of Ac.1-00 Cents the total extent of land Ac.9-31 cent situated at Dosapadu Village, Denduluru Mandal, Eluru District. 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 No.5 to register the Gift deed dt. 18-02-2025 Vide C.S.No. 1447 presented by us in respect of the fish tank lands in Sy.No.233/1 B1 for an extent of Ac. 1-25 Cents, In Sy.No.233/1 B2 for an extent of Ac. 1-25 Cents, In Sy.No.233/1B3 for an extent of 1-25 Cents, In Sy.No.233/1B4 for extent of Ac.1-35 cents, in Sy.No.233/1B5 for an extent of Ac.2-21 Cents, In Sy.No.234/1B for an extent of Ac. 1.00 Cents, In Sy.No.234/2B for an extent of Ac. 1-00 Cents the total extent of land Ac.9-31 cent situated at Dosapadu Village, Denduluru Mandal, Eluru District pending disposal of the above writ petition pending disposal of the above writ petition. Counsel for the Petitioners: SRI VARDHINEEDI SAI KIRAN Counsel for the Respondent Nos.1 to 5: GP FOR REGISTRATION AND STAMPS / an Counsel for the Respondent No.6: GP FOR REVENUE The Court made the following order: APHC010320032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT the HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16390/2025 Between: 1.BALE PRAMILA, W/0 BALE PRAKASA RAO.AGED ABOUT 58 R/0 D/NO.6-29, RAJEEV GANDHI CENTER, MAN DAL, years AGADALLANKA VILLAGE,NIDAMMARU district. ELURU 2.. bale ISSAKU, S/0 BALE PRAKASARAO,AGED ABOUT 32 YEARS R/0 D/NO.6-29, RAJEEV GANDHI CENTER, VILLAGE,NlDAMMARU MANDAL, ELURU DISTRICT. 3.SARELLA PRASANTHI KUMARI,, W/0 SARELLA RAMA KRISHNA, RIO D/NO. 10-153, NEW ASHOK NAGAR OPPOSITE HEIAPURI lions club, ELURU, SENIVARAPUPETA, ELURU DISTRICT. AGADALLANKA 4.BALE JEEVANA JYOTHI,, W/0 VANAMALA SYAMBABU, R/0 D/NO. 13-20-16/2, NALLAM VARI STREET, OPP UMA MAHESHWARA RAO GUNUPUDI VILLAGE,BHIMAVARAM MANDAL, high school WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL REVENUE STAMPS AND REGISTRATION SECRETARY DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DIST. 2,the commissioner and inspector general of stamps AND REGISTRATION DEPARTMENT, ANDHRA PRADESH, 2 VIJAYAWADA, KRISHNA DISTRICT 3.THE DISTRICT COLLECTOR, ELURU DISTRICT 4. THE DISTRICT REGISTRAR, GUNTUR 5.THE SUB REGISTRAR, BHIMADOLE DISTRICT, AP. 6. THE TAHSILDAR, BHIMADOLE, BHIMADOLE MANDAL DISTRICT,AP. . AP. GUNTUR DISTRICT, A.P BHIMADOLE MANDAL ELURU ELURU ...RESPONDENT(S): Pet,t,on under Article 226 of the Constitution of India praying that in the crcumstances stated in the affidavit filed therewith, the High Court may be p eased fopleased to issue a writ, order or direction more particularly one in ffie nature writ of mandamus questioning the action of the Respondent No 5 not registering the Gift deed dated dt. 18-02-2025 vide C S No 1447 SirNr238/?Ri'? °f 'h® fish tank land situatied i Sy.No.233/1B1 for an extent of Ac, 1-25 Cents, In Sy.No.233/1B2 for exen o Ac.1-25 Cents, In Sy.No.233/1B3 for an extent of 1-25 Cents In of Ac.1-35 cents, in Sy.No.233/1B5 for an extent of Ac.2-21 Cents, In Sy.No.234/1B for an extent of Ac 1 00 CenVTn Sy.No.234/2B for an extent of Ac. 1-00 Cents the total in in an -4 4 ^ extent of land Ac. 9-31 cent situated at Dosapadu Village, Denduluru Mandal, Eluru District as illegal arbitrary, against the provisions of Indian Registration Act and violative of the petitioners right under Article 14, 21 and 300-A of Constitution of India and to driToTboPh VH No.5 to receive and register the gift deed fhp r h’, T, presented by the petitioners in respect of the fish tank land in Sy.No.233/1B1 for an . extent of Ac 1-25 Cents In o/?25 Cenfs'°Y"RT'o' Sy No.233/1B3 for an extent Of 1-25 Cents, In Sy.No.233/1B4 for Sy.No.233/1B5for an extent of Ac.1-35 cents, in . A 4 o. of Ac.2-21 Cents, In Sy.No.234/1 B for of Ac. 1.00 Cents, In Sy.No.234/2B for an extent of Ac.1-00 Cents the total extent of land Ac.9-31 cent situated at Dosapadu Village Eluru District and to pass an extent Denduluru Mandal lA NO: 1 OF 207.*; in > n Circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased direct the Respondent No.5 to register the Gift deed dt. 18-02-2025 1 % 3 Vide C.S.No. 1447 presented by us in respect of the fish tank lands in Sy.No.233/1 B1 for an extent of Ac. 1-25 Cents, In Sy.No.233/1B2 for an extent of Ac. 1-25 Cents, In Sy.No.233/1B3 for an extent of 1-25 Cents, In Sy.No.233/1B4 for an extent of Ac.1-35 cents, in Sy.No.233/1B5 for an extent of Ac.2-21 Cents, In Sy.No.234/2B for an extent of Ac. 1-00 Cents the total extent of land Ac.9-31 cent situated at Dosapadu Village, Denduluru Mandal, Eluru District pending disposal of the above writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner{S): Sy.No.234/IB for an extent of Ac. 1.00 Cents, In 1.VARDHINEEDI SAI KIRAN Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: 4 the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16390/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ pleased to issue a writ, order or direction more particularly one in the nature writ of mandamus questioning the action of the Respondent No. 5, in not registering the Gift deed dated dt. 18-02-2025 vide C.S.No.1447 presented by the petitioners in respect of the fish tank land situatied in Sy No. 233/1B1 for an extent of Ac. 1-25 Cents, In Sy.No.233/1B2 for an extent of Ac. 1-25 Cents, In Sy.No.233/1B3 for an extent of 1-25 Cents, In Sy.No.233/1B4 for an extent of Ac.1-35 cents, in Sy.No.233/1B5 for an extent of Ac.2-21 Cents, In Sy.No.234/1B for an extent of Ac. 1. 00 Cents, In Sy.No.234/2B for an extent of Ac.1-00 Cents the total extent of land Ac.9-31 cent situated at Dosapadu Village, Denduluru Mandal, Eluru District as illegal, arbitrary, against the provisions of Indian Registration Act and violative of the petitioners right under Article 14, 21 and 300-A of Constitution of India and to consequently direct the Respondent No. 5 to receive and register the gift deed dt. 18-02-2025 Vide C.S.No.1447 presented by the petitioners in respect of the fish tank land in Sy.No.233/1B1 for an extent of Ac. 1-25 Cents, In Sy.No.233/1B2 for an extent of Ac. 1-25 Cents In Sy.No.233/1B3 for an extent of 1-25 Cents, In Sy.No.233/1B4 for an extent of Ac.1-35 cents in Sy.No.233/1B5 for an extent of Ac.2- 21 Cents, In Sy.No.234/1 B for an extent of Ac.1.00 Cents, In Sy.No.234/2B for an extent of Ac.1-00 Cents, the total extent of land Ac.9-31 cent situated at Dosapadu Village, Denduluru Mandal, Eluru District and to pass ” 5 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the property i.e., fish tank land situated in Sy.No.233/1B1, to an extent of Ac.1.25 cents, Sy.No.233/1B2 to an extent of Ac.1.25 cents. Sy.No.233/1B3 to an extent of 1.25 cents, Sy.No.233/1B4, to an extent of Ac.1.35 cents, Sy.No.233/1B5, to an extent of Ac.2.21 cents, Sy.No.234/1B, to an extent of Ac.1.00 cents, Sy.No.234/2B to an extent of Ac.1.00 cents, the total extent of land Ac.9.31 cents situated at Dosapadu Village, Denduluru Mandal, Eluru District. Subsequently, on 18.02.2025. through C.S. No. 1447, the petitioners executed a gift deed to transfer ownership of the aforementioned lands in favor of petitioner No.3 and submitted the deed for registration before the 4*^ respondent. However, the 4*^ respondent, without assigning any valid reason, refused to register the gift deed. Hence, the writ petition. 3. 4. On the other hand, the learned Government Pleader appearing for the respondents submits that it is a statutory duty on part of the respondents to consider the gift deed dated 18.02.2025, for registration or to pass an order refusing the registration by assigning due reasons and also to pass appropriate orders in accordance with law. In the instant case, the 5*^ respondent would consider the request of the petitioner in accordance with law. 6 Having regard to the submissions of the learned counsel for the petitioners, the learned Government Pleader for the respondents and on perusal of the material on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents to consider and register the gift deed dated 18.02.2025, if so otherwise the petitioners complied with all the conditions under the provisions of the Indian Registration Act, 1908, as well as in the absence of any other proceedings or the order by authority restraining the respondent Nos.4 & 5 herein and pass appropriate orders within a period of two (02) weeks, from the date of the receipt of a copy of this order in accordance with the provisions of the Registration Act, 1908. 5. any With the above directions, the Writ Petition is disposed of. There shall 6. be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. PRASADA registrar Sd/-B assistant //TRUE COPY// section officer To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Stamps and Registration Department Amaravathi, Guntur Dist. 2. The Commissioner and Inspector General of Stamps and Registration Department, Andhra Pradesh, Vijayawada, Krishna District 3. The District Collector, Eluru District, AP. 4. The District Registrar, Guntur, Guntur District, A.P A.P. Secretariat, Velagapudi, y' 5. The Sub Registrar, Bhimadole, Bhimadole Mandal Eluru District, AP. 6. The Tahsildar, Bhimadole, Bhimadole Mandal Eluru District,AP. 7. One CC to SRI. VARDHINEEDI SAI KIRAN Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR REGISTRATION AND STAMPS, High Court of Andhra Pradesh [OUT] 10.Two CD Copies sree HIGH COURT DATED:09/07/2025 \ ORDER WP NO. 16390 OF 2025 % IS > y/n >Ci disposing the w.p. WITHOUT COSTS *