MADI SETTY VEGI VENKATA NARAYANA v. THE STATE OF ANDHRA PRADESH
WP/17277/2025 · 2025-07-13
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24088 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24088 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010339582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17277 OF 2025 Between: Madi Setty Vegi Venkata Narayana, S/on. Koti Lingam, Aged about 56 years Rio. D.No. 7-1, Arabastan, Donakonda, Prakasam District, Andhra Pradesh. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registration Department, Amaravathi, Guntur District, A.P.
2. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Registration Bhavan, Gollapudi, Vijayawada, Krishna District.
3. The District Registrar, Ongole, Prakasam District.
4. The Sub-Registrar, Darsi, Prakasam District Secretariat buildings, Velagapudi ...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, order or direction, more particularly one in the nature of Writ of Mandamus declare the proceedings issued by the 2 in Draft Memo No. G2/19134/2011 dated. 01.12.2011 as being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India nd Respondent
t apart from violative of Principles of Natural Justice and consequentlydirect the 4*^ Respondent to receive and register the document that may be presented by the petitioner for registration in respect of the property to an extent of Ac. 0.10 cents in Sy. No.211/1 situated at Badapuram Village, Dhonakonda Mandal, Markapuram Revenue Division, Prakasam District, without reference Respondent bearing No.G2/19134/2011 dated. nd to the memo of the 2
01.12.2011. (Prayer is amended as per the Court’s
order dt.01.08.2025 in lA No.02/2025 in Writ Petition and affidavit) 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. 4 to receive and register the document that may be presented by the petitioner for registration in respect of the property to an extent of Ac. 0.10 cents in Sy. No. 211/1 situated at Badapuram Village, Dhonakonda Mandal, Markapuram Revenue Division, Prakasam District, without reference to the memo of the 2"^^ Respondent bearing NO.G2/19134/2011 dated; 01.12.2011 in the interest of justice. (Interim Prayer is amended as per the Court’s order dt.01.08.2025 in lA No.02/2025) Counsel for the Petitioner: M/s. AYESHA AZMA S Counsel for the Respondent Nos.1 to 5: GP FOR STAMPS AND REGISTRATION The Court made the following order:
APHC010339582025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17277/2025 Between:
1.MADI SETTY VEGI VENKATA NARAYANA, SHP. KOTI LINGAM, RIO. D.NO. 7-1, ARABASTAN, AGED ABOUT 56 YEARS, DONAKONDA, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. STAMPS AND REGISTRATION DEPARTMENT, INSPECTOR GENERAL OF GOVERNMENT OF ANDHRA 2.THE COMMISSIONER AND REGISTRATION AND STAMPS, PRADESH, REGISTRATION BHAVAN, GOLLAPUDI, VIJAYAWADA KRISHAN DISTRICT. 3.THE DISTRICT REGISTRAR, ONGOLE, PRAKASAM DISTRICT. 4.THE SUBREGISTRAR, DARSI, PRAKASAM 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, order or direction, more particularly one in the nature of Writ of Mandamus declare the proceedings issued by the 2nd Respondent in Draft Memo No. G2/19134/2011 dated. 01.12.2011 as being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India
Page2of 5 i SRS,J W.P.No.17277of2025 Apart from violative of Principles of Natural Justice and consequently direct the 4th Respondent to receive and register the document that may be presented by the petitioner for registration in respect of the property to an extent of Ac.0.10 cents in Sy.
No. 211/1 situated at Badapuram Village, Dhonakonda Mandal, Markapuram Revenue Division, Prakasam District, without reference to the memo of the 2nd Respondent bearing NO.G2/-19134/2011 dated. 01.12.201 land pass (Prayer is No.02/2025 in Writ Petition and affidavit) amended as per the Court’s order dt.01.08.2025 in lA IANO:10F 2025 Petition under Section151CPC 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. 4 to receive and register the document that may be presented by the petitioner for registration in respect of the property to an extent of Ac. 0.10 cents in Sy. No. 211/1 situated at Badapuram Village, Dhonakonda Mandal, Markapuram Revenue Division, Prakasam District, without reference to the memo of the 2 NO.G2/19134/2011 dated: 01.12.2011 in the interest of justice and pass nd Respondent bearing (Prayer is amended as per the Court’s order dt.01.08.2025 in lA No.02/2025) Counsel for the Petitioner: 1.AYESHAAZMAS Counsel for the Respondent(S): 1.GPFORREGISTRAT10NANDSTAMPS The Court made the following: ::ORDER:: The above writ petition has been filed impugning the proceedings issued by respondent No.2 vide Draft Memo No.G2/19134/2011, dated 01.12.2011 (Ex.P1) and further to direct the respondent No.4 to receive and register the document that may be presented by the petitioner for registration in respect of property to an extent of Ac.0.10 cents in Sy.No.211/1 of Badapuram Village, Dhonakonda Mandal, Markapuram Revenue Division, Prakasam District. Page 3 of 5 SRS,J W.P.No.17277 of 2025 Today, when the matter is taken up for consideration, learned counsel for the petitioner would submit that the issue involved in this writ petition is covered by the order dated 30.01.2020 in W.P.No.1981 of 2020. 2. Learned Assistant Government Pleader for Stamps and Registration did not refute the submission made by learned counsel for the petitioner and endorsed the same. 3. The learned Single Bench of this Court in W.P.No.1981 of 2020 dated 30.01.2020, observed as follows:
4.
“The main ground urged by this petitioner is that when the document is presented for registration, rejection of the same based on the Draft Memo No.G2/19134/2011, dt.01-12-2011 with District Registrar, Ongole vide Endorsement No.G1/1382/2011, dated 09-12-
2011. The memo was issued in view of the injunction orders passed by the High Court of Madras. The Madras High Court directed based on a letter from Rev.B.M.Sudheer to The Inspector General of Stamps and Registration, State of Andhra Pradesh, Hyderabad not to register any deeds of conveyance by any of the parties to any of the parties in respect of the properties covered under the Scheme. But, the order was not communicated to Registrar except the letter of Rev.B.M.Sudheer to the District Registrar, who in turn issued such direction. According to the order under challenge under Section 71 of the Registration Act, refusal to register a document on the memo issued by Tahsildar or any other officer is illegal in view of the Division Bench two Division Bench judgments in P.Narasimha Reddy v. Sub-Registrar, Shameerpeta Mandal, Ranga Reddy District^ and S.Nagi Reddy v. Joint Sub-Registrar, Tirupati^. Therefore, the order impugned in this Writ Petition is contrary to the law declared by the Division Bpnch and ^ 2005 (2) ALD 807 = 2005 (4) ALT 260 ^ 1999 (4) ALD 81 = 1999 (4) ALT 556
Page4of 5 SRS/J W.P.No.1 7277of202b Also another judgment of Single Judge in W.P.No.10721of2016, dt.01- 04-2016, l/l/.P.No.34689 of 2012, dt.12-12-2012. Hence, the impugned proceedings are hereby set aside while directing the 4th respondent to receive and register, if it is not prohibited by any order or law, the document by following the principles laid down in the judgments referred supra. ” Given the same, the Writ Petition is disposed of, in terms of order dated 30.01.2020 in W.P.No.1981 of 2020, directing the respondent No.4 to and register the document presented by the petitioner for registration in respect of the property to an extent of Ac.0.10 cents in Sy.No.211/1 of Badapuram Village, Dhonakonda Mandal, Markapuram Revenue Division, Prakasam District. No order as to costs. 5.
receive As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// S N OFFICER To,
1. The Principal Secretary, Stamps and Registration Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Amaravathi, Guntur District, A.P.
2. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Registration Bhavan, Vijayawada, Krishna District. 3. The District Registrar, Ongole, Prakasam District. 4. The Sub-Registrar, Darsi, Prakasam District
5. One CC to Sri Ayesha Azma S, Advocate [OPUC]
6. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh [OUT]
7. Two CD Copies. Ssb Note: Prayer is amended as per the Court’s order dated 01.08.2025 in lA No.02 of 2025. Substitute this amended order in place of earlier
order which was despatched on 07.08.2025. Gollapudi, Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR
high court dateD; 14/07/2025 01/08/2025 (AMENDED)
ORDER WP No. 17277 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS