APHC010333082025 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: 16698/2025 Between: 1. KOMMISETTI BHIMA SHANKARA, S/O.LAKSHMANA RAO, HINDU, AGED ABOUT 54 YEARS, R/O. D.NO- 4-105, SURYA STREET, DRAKSHARAMA VILLAGE, RAMACHANDRAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT ERSTWHILE EAST GODAVARI DISTRICT, AP, PIN-533262 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN- 522237 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT ERSTWHILE EAST GODAVARI DISTRICT, ANDHRA PRADESH, PIN- 533201 3. THE JOINT SUBREGISTER, KAKINADA DISTRICT, ANDHRA PRADESH, PIN- 533001 4. THE SUBREGISTER, , TALLAREVU VILLIAGE AND MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT ERSTWHILE EAST GODAVARI DISTRICT, ANDHRA PRADESH, PRN- 533463 5. THE SUBINSPECTOR OF POLICE, DRAKSHARAMA P.S DR.B.R.AMBEDKAR KONASEEMA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, ANDHRA PRADESH,PIN- 533262 6. NAKKA SATTIBABU, , S/O.NAGA RAJU, AGED ABOUT 53 YEARS, R/O. INDRAPALEM VILLAGE, KAKINADA RURAL, KAKINADA DISTRICT, ANDHRA PRADESH, PIN- 533006 7. PILLI RAVI KUMAR, S/O.LALABBAYI, AGED ABOUT 38 YEARS, R/O.D.NO-2-187, MADHAVAPATNAM VILLAGE, SAMARLAKOTA MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH,PIN- 533005 2 8. BONTHU SRIDHAR, S/O.BONTHU SATYANARAYANA, AGED ABOUT 37 YEARS, R/O.D.NO-2-63, NALLAMILLI, KETHAVARIPALEM, AMALAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, ANDHRA PRADESH, PIN- 533221 9. PEDDADA SRINU, PEDDADA BHADRARAO, AGED ABOUT 49 YEARS, R/O.D.NO-18-9-12, GHANDHI NAGAR, SAMARLAKOTA TOWN AND MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH, PIN- 533440 10. PENMATSA VENKATA KRISHNAM RAJU, S/O. S/O.RAMA BHADRARAJU, AGED ABOUT 61 YEARS,TALLAREVU VILLAGE AND MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT, PRADESH , PIN- 533463 ...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 Order or direction particularly, one in the nature of writ of mandamus declaring the action of the official respondents to registrations of any kind be made on the land, i.e. no transactions such as purchases, donations, mortgage, etc., of the petitioners land in Survey No. 453/5B an extent Ac.3.73 cents, and Survey No.453/6 of 6 of 1 Ac.3.39 cents total extent Ac.7.12 cents Chepolekurru village, Thallrevu Mandal, Dr.B.R.Ambedkar Konaseema District, AP. comes under the office of the Tallarevu Sub-Registrar without following due process of law as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to not to registrations of the petitioners land Survey No. 453/5B an extent Ac.3.73 cents, and Survey No.453/6 of 6 of 1 Ac.3.39 cents total extent Ac.7.12 cents Chepolekurru village, Thallrevu Mandal, Dr.B.R.Ambedkar Konaseema District, AP by considering the representation dated.27.08.2024 in the interest of justice 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 pleased to direct the respondents direct the respondents to not to registrations of the petitioners land Survey No. 453/5B an extent Ac.3.73 cents, and Survey No.453/6 of 6 of 1 Ac.3.39 cents total extent of Ac.7.12 cents Chepolekurru village, Thallrevu Mandal, Dr.B.R.Ambedkar Konaseema District, AP by considering the representation dated.27.08.2024 the interest of justice and to pass 3 Counsel for the Petitioner: 1. K GANI REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR REGISTRATION AND STAMPS The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.16698 of 2025 ORDER: Heard learned counsel for the petitioner. 2. The claim of the petitioner is that he is one of the developers, along with respondent Nos.6 to 10, in respect of the property situated in Survey No.453/5B, measuring Ac.3.73 cents, and Survey No.453/6, measuring Ac.3.39 cents, totaling Ac.7.12 cents, located at Chepolekurru Village, Thallrevu Mandal, Dr. B.R. Ambedkar Konaseema District, Andhra Pradesh. 3. Learned counsel for the petitioner submits that a representation dated 27.08.2024 was submitted to the District Registrar, Kakinada, requesting that no registrations can be entertained in respect of the subject property by the unofficial respondents, who are the co-developers, since the petitioner holds absolute rights over the subject property under development. 4. It is a settled proposition of law, reiterated time and again by the Hon’ble Apex Court as well as this Court, that as per the object and scheme of the Registration Act, 1908, if any document/deed is presented before the Registrar after complying with all the formalities required under the Registration Act, 1908, as well as the Indian Stamp Act, 1899, the Registrar concerned shall receive and register the same, unless the 5 scheduled property or documents are expressly prohibited from registration by any valid order duly issued by the competent authority. Hence, the Registrar cannot be directed to restrain from registering the subject property merely on the basis of a representation submitted by an alleged claimant. Apart from the above, it is settled law that disputes between partners or joint development holders are not amenable to the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Such disputes are to be resolved by initiating appropriate proceedings before the competent Civil Court. 5. Accordingly, the said representation of the petitioner is not enforceable, and as such, this Writ Petition stands dismissed. 6. The petitioner is, however, at liberty to avail alternative remedies under civil court of law for redressal of his grievances against the unofficial respondents. 7. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 7th July, 2025 cbn 6 176 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.16698 of 2025 7th July, 2025 cbn