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2025 DAILYLAW 23334 (AP)

Madiraju Ramachandra Murthy, v. The State of Andhra Pradesh,

WP/18223/2025 · 2025-07-24

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010328232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18223/2025 Between: 1. MADIRAJU RAMACHANDRA MURTHY,, S/O.M. GALI RAO, AGED ABOUT 75 YEARS, RESIDING AT DOOR NO. 11-2-22, NAVODAYA NAGAR, NARASAROPET TOWN AND MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI AMARAVATHI GUNTUR DISTRICT. 2. THE DISTRICT REGISTRAR, DEPARTMENT OF STAMPS AND REGISTRATION, NARASARAOPET, PALNADU DISTRICT. 3. THE SUBREGISTRAR, NARASARAOPET, PALNADU 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 to issue a Writ or an order or direction more particularly one in the nature of Writ of Mandamus directing the Respondent No.2 and 3 to receive the Gift Deed and register and release the document and to pass IA 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 and 3 to register and release the gift deed pending disposal of the above writ petition and pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. G SUDHEER KUMAR Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER Heard Sri G.Sudheer Kumar, learned counsel for the petitioner and Sri G.Divya Theja, learned Assistant Government Pleader for Stamps & Registration for the respondents. 2. The grievance of the petitioner is that the 3rd respondent is not receiving and processing the gift deed dated 21.07.2025 executed by the petitioner in favour of M.Chenna Keshav in respect of an extent Ac.0.11 cents and terraced house therein bearing Door No.11-2-22, Municipal Town Survey No.1762/2 and 1762/3, Ward No.4, new Ward No.22 of Narsaraopeta Municipality. 3. Learned counsel for the petitioner would submit that the petitioner presented the document before the 3rd respondent; however, the 3rd respondent is not receiving and processing the same. 4. Learned Assistant Government Pleader for Stamps & Registration would submit that the 3rd respondent will receive and process the document presented by the petitioner as per law. 5. Whenever a document is presented, the registering authority shall receive and process the application. Unless a restraint order is passed by the competent Court or the subject property is kept in the prohibited list of properties under Section 22-A of the Registration Act, 1908, the registering authority cannot refuse to receive and process the application. In case of any impediment to register the document, the authority shall pass an order under Section 71 of the Registration Act, 1908. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the 3rd respondent to receive and process the gift deed presented by the petitioner subject to the petitioner fulfilling the requisite conditions under the Indian Stamp Act, 1899 and the Registration Act, 1908, within four weeks from the date of receipt of a copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUBBA REDDY SATTI PVD