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High Court of Andhra Pradesh · body

2025 DAILYLAW 24859 (AP)

CHERUKURU RAJA KULAYAPPA v. The State of Andhra Pradesh,

WP/17728/2025 · 2025-07-23

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 APHC010350932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i o THURSDAY, THE TWENTY FOURTH DAY OF JUL^Vj TWO THOUSAND AND TWENTY FIVE X PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17728 OF 2025 Between: Cherukuru Raja Kulayappa, S/o.Cherukuru Kulayappa, Aged about 46 years, R/o. 9/84, Thollaganganapalle Village, Valluru Mandal, Kadapa District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat Buildings, Velagapudi At Amaravati. The District Collector, Kadapa District. The Joint Sub Registrar, Kadapa Rural,Kadapa District. The Sub Registrar, Kadapa Rural, Kadapa District. 2. 3. 4. ...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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 3rd respondent in not releasing the sale deeds executed by the original owner, petitioner vide documents P. No. 162/2023 i.e., sale deeds dt. 10.05.2023, respectively in favour of Singam Reddy Srinivasuluiureddy, S/o. Singam Reddy Venkata as bad, arbitrary, illegal and without Jurisdiction and f consequently direct the 4th respondent to register and release the sale deed vide document No. P.No. 162/2023 presented by the petitioner in respect of the land to an extent of Ac. 0.81 cents out of Ac. 2.15 Thollaganganapalle Village, Valluru Mandal, Kadapa District. lA NO: 1 OF 2025 r cents in Sy.no. 15/1 in 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 respondents to release the documents P. No. deeds dt. 10.05.2023, respectively executed in favour of Singam Reddy Srinivasuluiureddy, S/o. Singam Reddy Venkata by the petitioner forthwith pending disposal of the above writ petition, in the interest of justice. Counsel for the Petitioner: SRI M RAVINDRA Counsel for the Respondent Nos. 1 & 2: GP FOR REVENUE Counsel for the Respondent Nos. 3 & 4: GP FOR REGISTRATION STAMPS 162/2023 i.e., sale AND The Court made the following order: APHC010350932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17728/2025 Between: 1.CHERUKURU RAJA KULAYAPPA, S/O.CHERUKURU KULAYAPPA, AGED ABOUT 46 YEARS, R/0. 9/84, THOLLAGANGANAPALLE VILLAGE, VALLURU MANDAL, PRADESH. KADAPA DISTRICT, ANDHRA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BUILDINGS, VELAGAPUDI AT AMARAVATI. A.P. SECRETARIAT 2.THE DISTRICT COLLECTOR, KADAPA DISTRICT. 3.THE JOINT SUB REGISTRAR, KADAPA RURAL,KADAPA DISTRICT. 4.THE SUB REGISTRAR, KADAPA RURAL, KADAPA 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 topleased to issue a writ or order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents particularly the 3rd respondent in not releasing the sale deeds executed by the original owner,petitioner vide documents P. No. 162/2023 i.e., sale deeds dt. 10.05,2023, respectively in favour of Singam Reddy Srinivasuluiureddy, SRS,J W.P.No.17728 of 2025 S/o. Singam Reddy Venkata as bad, arbitrary, illegal and without Jurisdiction and consequently direct the 4th respondent to register and release the sale deed vide document No. P.No. 162/2023 presented by the petitioner in respect of the land to an extent of Ac. 0.81 cents out of Ac. 2.15 cents in Sy.no. 15/1 in Thollaganganapalle Village, Valluru Mandal, Kadapa District,and pass 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 respondents to release the documents P. No. 162/2023 i.e., sale deeds dt. 10.05.2023, respectively executed in favour of Singam Reddy Srinivasuluiureddy, S/o. Singam Reddy Venkata by the petitioner forthwith pending disposal of the above writ petition, in the interest of justice and pass Counsel for the Petitioner: 1.M RAVINDRA Counsel for the Respondent(S): 1.GP FOR REVENUE ■ 2.GP FOR REGISTRATION AND STAMPS The Court made the following: :: ORDER :: Heard Sri M. Ravindra, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue, for respondents 1 to 4. The grievance of the petitioner is that respondent No.3 is not registering and releasing the sale deed (P.No.162/2023), dated 10.05.2023, executed by the petitioner in favour of Singam Reddy Srinivasulu Reddy, S/o Singam Reddy Venkata bearing in respect of land to an extent of Ac.0-81 cents out of Ac.2-15 cents, in survey No.15/1, Thollaganganapalle Village. Valluru Mandal, Kadapa District (hereinafter referred to as ‘the subject property’). 2. ■ SRS,J W.P.No.-17728 of 2025 Learned counsel for the petitioner would submit that the petitioner intended to alienate the subject property and accordingly executed a sale deed dated 10.05.2023. When the document was presented before respondent No.3, the authority assigned P.No.162/2023. However, the document has not been released so far. 3. Learned Assistant Government Pleader for Revenue, on instructions, would submit that respondent No.3 will pass appropriate orders. 4. It is not out of place to mention that whenever a document is presented before the registering authority, the authority is bound to receive and process it, unless a restraint order is passed by a competent Court or the property is included in the list of prohibited properties under Section 22A of the Registration Act. In case of any impediment to register a document, the registering authority shall pass a speaking order under Section 71 of the Registration Act. 5. In the case at hand, the registering authority assigned P.No. 162/2023. However, the document has not been released so far. 6. Given the facts and circumstances of the case, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side directing learned respondent No.3 to pass appropriate orders on the document bearing P.No. 162/2023, as expeditiously as possible, preferably within six weeks from today, strictly as per law. No costs. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue Department Buildings, Velagapudi At Amaravati. 2. The District Collector, Kadapa District. A.P. Secretariat 3. The Joint Sub Registrar, Kadapa Rural,Kadapa District. 4. The Sub Registrar, Kadapa Rural, Kadapa District. 5. One CC to Sri M Ravindra Advocate [OPUC] 6. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Registration and Stamps High Court of Andhra Pradesh [OUT] 8. Two CD Copies I TF *s HIGH COURT DATED:24/07/2025 ORDER WP NO. 17728 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS