/ APHC010325152025 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: 16323 OF 2025 Between: Sri Krishna Devaraya Kapu Sankshema Sangam, Regd.No.592/2004 D.No.4-121 Annaipeta Village, Ramachandrapuram Mandal Dr.B.R.Ambedkar Konaseema District Andhra Pradesh Rep.by its President Sri T.Trimurthulu ...Petitioner AND 1. The State Of Andhra Pradesh, Rep.by its Principal Secretary Registration and Stamps Department, A.P.Secretariat Velagapudi, Amaravati, Guntur District Andhra Pradesh 2. The Inspector General, Registration and Stamps Mangalaigi, Guntur District, AP 3. The District Collector, Dr.B.R.Ambedkar Konaseema District, AP 4. The District Registrar, Registration and Stamps Dr.B.R.Ambedkar Konaseema District Amalapuram, AP 5. The Sub Registrar Dr.B.R.Ambedkar Konaseema District, AP 6. The Tahsildar, Ramachandrapuram Mandal Konaseema District Andhra Pradesh Draksharama, Ramachandrapuram Mandal Dr.B.R.Ambedkar ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 5TH respondent in refusing to register the sale deed dt. 16-06-2025 presented by the petitioner for registration by alienating the part of the land out of an extent of Ac. 1.47 (1.4050) cents in R.S.No.13 of Vegayammapeta (V) Ramchandrapuram Mandal, Dr.B.R. Ambedkar Konaseema District, Andhra Pradesh vide her proceedings in C.No.21/2025 dt.20-06-2025 by referring to the letter Ref.No.B/124/2025 dt.12-06-2025 issued by the 6TH Respondent as highly provisions of the illegal, arbitrary exercise of power and contrary to the Registration Act besides violative of Art. 19 and 300A of the Constitution of India and consequently direct the 5TH Respondent to register the Sale Deed dt. 16-06-2025 duly declaring that the 6TH respondent has no power authority to address a letter dt.12-06-2025 to stop the registration of the land to an extent of Ac. 1.47 (1.4050) cents in Sy.No.13 of Vegayammapeta Village, Ramachandrapuram Mandal, Dr.B.R.Ambedkar Konaseema District, or AP. 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 5TH respondent to register the sale deed dt. 16-06-2025 presented for registration by the petitioner forthwith as per law without referring to the letter dt.12-06-2025 addressed by the Tahsildar pending disposal of the above writ petition. Counsel for the Petitioner: YASWANTH GADE Counsel for the Respondent Nos.1 to 6: GP FOR REGISTRATION AND STAMPS The Court made the following order: APHC010325152025 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: 16323/2025 Between; 1.SRI KRISHNA DEVARAYA KAPU SANKSHEMA SANGAM, ANNAIPETA VILLAGE, DR.B.R.AMBEDKAR REGD.NO.592/2004, D.NO.4-121 RAMACHANDRAPURAM MANDAL KONASEEMA DISTRICT ANDHRA PRADESH REP.BY ITS PRESIDENT SRIT.TRIMURTHULU ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REGISTRATION AND STAMPS DEPARTMENT, A.P.SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT ANDHRA PRADESH 2.THE INSPECTOR GENERAL, REGISTR.ATION AND STAMPS MANGALAIGI, GUNTUR DISTRICT, AP 3.THE DISTRICT KONASEEMA DISTRICT, AP 4.THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DR.B.R.AMBEDKAR KONASEEMA DISTRICT AMALAPURAM, COLLECTOR, DR.B.R.AMBEDKAR AP 5.THE REGISTRAR, RAMACHANDRAPURAM MANDAL KONASEEMA DISTRICT, AP 6. THE TAHSILDAR, RAMACHANDRAPURAM MANDAL DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH SUB DRAKSHARAMA, DR.B.R.AMBEDKAR ...RESPONDENT(S): NV, J W.P.No. 16323 of 2025 2 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, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 5TH respondent in refusing to register the sale deed dt. 16-06- 2025 presented by the petitioner for registration by alienating the part of the land out of an extent of Ac.1.47 (1.4050) cents in R.S.No.13 of Vegayammapeta (V) Ramchandrapuram Mandal, Dr.B.R. Ambedkar Konaseema District, C.No.21/2025 dt.20-06-2025 by Ref.No.B/124/2025 dt.12-06-2025 issued by the 6TH Respondent as highly illegal, arbitrary exercise of power and contrary to the provisions of the Registration Act besides violative of Art. 19 and 300A of the Constitution of India and consequently direct the 5TH Respondent to register the Sale Deed dt. 16-06-2025 duly declaring that the 6TH respondent has no power or authority to address a letter dt. 12-06-2025 to stop the registration of the land to an extent of Ac.1.47 (1.4050) cents in Sy.No.13 of Vegayammapeta Village, Ramachandrapuram Mandal, Dr.B.R.Ambedkar Konaseema District, AP and pass Andhra Pradesh vide her proceedings in referring to the letter 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 the sale deed dt. 16-06-2025 presented for registration by the petitioner forthwith as per law without referring to the letter dt. 12-06-2025 addressed by the Tahsildar pending disposal of the above writ petition and pass Counsel for the Petitioner; 1.YASWANTH GADE Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following; NV, J W.P.No. 16323 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.16323 of 2025 ORDER: Heard learned Senior Counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. The claim of the petitioner is that the petitioner association is vested with the property admeasuring Ac.1.47 cents (1.4050 acres) in R.S. No.13 of Vegayammapeta Village, Ramchandrapuram Mandal Ambedkar Konaseema District, Andhra Pradesh. The petitioner proposes 2. Dr. B.R. to sell a part of the land and prays the 5th respondent to register the sale deed dated 16.06.2025. Learned Senior Counsel appearing for the petitioner submits that the subject property is neither included in the list of prohibited properties under Section 22-A(1)(a){e) of the Registration Act, 1908, nor has it been declared as government land. He further submits that pursuant to a letter dated 12.06.2025 addressed by the 6th respondent to respondent Nos.3 to 5 directing them not to entertain any registrations in respect of the subject property of the petitioner is without jurisdiction and contrary to law, the order of refusal dated 20.06.2025 passed by the 5th respondent is liable to 3. be set aside. / 4 NV, J W.P.No. 16323 of 2025 4. Learned Senior Counsel relied upon the judgment rendered by the Division Bench of the State of Telangana in Bomma Reddy Rama Koti Reddy vs. State of Telangana and others^ at paragraphs 13A, 14, and 15, wherein it was held as follows: ‘‘]3A. Clauses (a) to (d) ofsub-section (1) of Section 22-A are concerned, it is clear that the concerned authority i.e.. District Collectors in case ofproperties covered by clauses (a) and (b), Commissioner in case of Endowment and Secretary in of Waif Properties covered by clause (c ) and the Special Ofifcer and competent authority under the Urban Land Ceiling Act and Regulations in respect of the properties covered under clause (d) have suo motu power to add to the list or delete from the list of any property and/or to modify the list sent to the registering ofifcer, having jurisdiction over such property and also to the District Registrar, Deputy Inspector General Commissioner and Inspector General of Registration and Stamps. case or to 14. Admittedly, the letters addressed by the 4th respondent are not falling under any of the clauses mentioned under Section 22-A of the Act of 1908, nor procedure envisaged there under is followed before issuance of impugned letters, as such, the respondent Nos. 5 to 9 are under no obligation to act upon such letter and deny transactions in respect of the properties of the petitioners. The respondent Nos. 5 to 9 have acted illegally and included the properties of the petitioners in the list ofprohibited properties under Section 22-A of the Act. The 4th respondent- inspector ofPolice is not an A of the Act of 1908 for preparation of list of properties to be communicated to the registering authorities i.e., respondent Nos. 5 to 9, for incorporating the same in the list of prohibited properties under Section 22-A of the Act. 'authority'prescribed in Section 22- 15. In view offoregoing discussion and reasons, the impugned letters dated 18.01.2021 addressed by the 4th respondent respondents-Sub-Registrars of different to areas of the State of Telangana and State of Andhra Pradesh, are set aside. However, this order will not preclude the 4th respondent from taking action 2022 (5) ALD 279 (TS) (DB) NV, J W.P.No. 16323 of 2025 against the petitioners/properties belongs to the petitioners, in accordance with law. ” 5. In view of the decision relied upon by learned Senior Counsel, this petition is liable to be allowed. On the other hand, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents submitted written instructions dated 05.07.2025 of the 6th respondent, wherein it is stated that, as per a petition filed by villagers of Vegayammapeta, the Tahsildar of Ramchandrapuram addressed a letter to the Stamps and Registration Department directing them not to entertain any registrations in Sy.No. 13 of Ac.1.405 cents of Vegayammapeta village, Ramachandrapuram Mandal, and to place the property in the prohibited list as per the rules in vogue, vide Ref. No. B/124/2025 dated 12.06.2025. This letter was immediately addressed to the Sub-Registrar Ramachandrapuram Mandal, since the writ petitioner attempted to lay unauthorized layouts and was trying to sell plots in the said land. 6. of Draksharama village. Further, the Sub-Registrar of Draksharama, in her letter C.No. 21/2025 dated 20.06.2025 addressed to the writ petitioner, stated that the land in Sy.No. 13, measuring Ac. 1.405 cents in Vegayammapeta village of Ramachandrapuram Mandal, was conveyed through a Gift Deed wherein page 3 of the deed specifies that the land is to be used for constructing a Kalyana Mandapam, conducting welfare programs for the poor of all castes, and facilitating auspicious events such as Subha Karyas, all free of 7. NV, J W.P.No. 16323 of 2025 6 cost, as the property was gifted for charitable purposes. Therefore, the scheduled property has been used solely for Kalyana Mandapam-related activities and has not been sold to anyone. 8. Learned Assistant Government Pleader further submits that the petitioners are trying to alienate the subject property after converting the entire extent which was donated specifically for construction of a Kalyana Mandapam, contrary to the terms of Section 22-A(1)(a)(e) of the Registration Act, 1908. The petitioners association is proposing to sell the subject property. To protect public interest, the 6th respondent - Tahsildar - addressed a letter to respondent Nos.3 to 5 instructing not to entertain any registration in respect of the subject property. 9. Having regard to the submissions made by learned Senior Counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents, and upon perusal of the material on record, it is observed that the petitioner is vested with absolute rights to alienate the entire property or part thereof pursuant to the gift settlement deed executed in his favour dated 16.08.2004. 10. The contention of learned Assistant Government Pleader that the property gifted in favour of the petitioner is meant for a specific purpose. and that the property cannot be used for any other purpose, concerns the members of the society or the donor/legal heirs, and not respondent Nos. 3 to 6. NV, J W.P.No. 16323 of 2025 1 It is settled law that once a sale deed is presented before the 11. Registrar for registration, the same must be processed under Section 32 of the Registration Act, 1908, without making enquiries regarding the entitlement or the dependency of the executant therein. Therefore, in view of the reasons stated above, the refusal order 12. dated 20.06.2025 issued by the 5th respondent under Section 71 of the Registration Act, 1908, pursuant to the letter addressed by the 6th respondent, denying the petitioner’s right and refusing to entertain the registration, is contrary to law and also to Section 71 of the Registration Act, 1908. Accordingly, the impugned refusal order dated 20.06.2025 issued by the 5th respondent is hereby set aside. The 5th respondent is directed to 13. receive the documents resubmitted by the petitioner and process the same if they comply with all other conditions in accordance with law. With the above directions, this Writ Petition is disposed of. There 14. shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending shall stand closed. Sd/- K TATA RAO DEPUTY,REGISTRAR //TRUE COPY// FFICER SECTI To, 1. The Principal Secretary A. P.Secretariat Pradesh Registration and Stamps Department Velagapudi, Amaravati, Guntur District Andhra 2. The Inspector General, Registration and Stamps Mangalaigi, Guntur District, AP 3. The District Collector, Dr.B.R.Ambedkar Konaseema District, AP 4. The District Registrar, Registration and Stamps Konaseema District Amalapuram, AP 5. The Sub Registrar, Draksharama, Ramachandrapuram Mandal Dr.B.R.Ambedkar Konaseema District, AP The Tahsildar, Ramachandrapuram Mandal Konaseema District Andhra Pradesh 7. One CC to Sri. Yaswanth Gade, Advocate [OPUC] 8. Two CCs to GP For Registration And Stamps, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. Dr.B.R.Ambedkar 6. Dr.B.R.Ambedkar AL HIGH COURT DATED:07/07/2025 2 n AUG 20?'^ S' ORDER WP NO. 16323 OF 2025 mj 'i-.^ Current section DISPOSING OF THE W.P. WITHOUT COSTS