Extracted from the PDF above. The PDF is authoritative.
APHC010369672025
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: 18735/2025 Between:
1. M KRISHNA KUMARI, W/O MOKATI MALLIKARJUNA, AGED ABOUT 64 YEARS, HOUSE WIFE, R/O D.NO.4-671, LBS ROAD, FILER VILLAGE AND POST, FILER MANDAL, ANNAMAYYA DISTRICT, OLD CHITTOOR
...PETITIONER AND
1. THE STATE OF AP, REP BY ITS SPECIAL CHIEF SECRETARY, REVENUE (LANDS-I) DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, RAYACHOTI, ANNAMAYYA DISTRICT. (OLD CHITTOOR DISTRICT)
4. THE TASIDHAR, PILER MANDAL, ANNAMAYYA DISTRICT. (OLD CHITTOOR DISTRICT)
5. THE SUBREGISTRAR, PILER MANDAL, ANNAMAYYA DISTRICT. (OLD CHITTOOR DISTRICT)
6. THE DISTRICT REGISTRAR, RAYACHOTI, ANNAMAYYA DISTRICT, (OLD CHITTOOR DISTRICT)
...RESPONDENT(S):
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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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the Representations dated 10-02-2016, 02-01-2017 and 22- 03-2024 which are filed against Refusal Order No.23 of 2015 dated 21-12- 2015 of the 5th Respondent is illegal arbitrary and voilative of Article 14, 21 and 300A of the Constitution of India and consequently direct the respondents to register
the document duly considering the Representations/Appeals dated 10- 02-2016, 02-01-2017 and 22-03-2024 for registering the pending registration document No. P40/2015 dated 09-12- 2015 of the 5th Respondent in view of the government orders deleting free hold of the assigned lands from the per-view of the section 22A of the Registration Act and pass s 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 Respondents to consider the Representations/Appeals dated 10-02- 2016, 02-01-2017 and 22-03-2024 for Re-considering and Registration of the pending Registration No. P40/2015 in view of the lifting the assigned lands in survey number 562/13 out of the per-view of section 22A of the Registration Act by the government , pending disposal of the Writ Petition and pass Counsel for the Petitioner:
1.
J M NAIDU Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR REGISTRATION AND STAMPS The Court made the following order:
Heard Sri J.M.Naidu, learned counsel for the petitioner and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 6. 2. A sale deed in respect of Ac.1.60 cents in Sy.No.562/13 of Yarraguntlapalle Village, Pileru Revenue Mandal, Madanpalle Revenue Division, Old Chittoor District, was presented for registration before the 5th
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respondent by Sri C.Ramayya S/o Sri Gangaiah, executed in favour of the petitioner. The document was assigned vide document No.P40/2015 dated
09.12.2015. The 5th respondent passed an order refusing to register the document vide refusal order No.23/2015 dated 21.12.2015. 3. Learned counsel for the petitioner would submit that the petitioner made representations dated 10.02.2016, 20.01.2017 and 22.03.2024 (Ex.P5 to P7) against the refusal order. However, the 6th respondent has not disposed of the representations. 4. Learned Assistant Government Pleader for Revenue would submit that against the order of the refusal passed by the Sub-Registrar, an appeal would lie to the District Collector under Section 72 of the Registration Act, 1908. He would submit that none of the representations Ex.P5 to P7 were addressed to the appellate authority. He also pointed out that concerning Ex.P5 and 6, no proof is filed regarding sending the representations. He would also submit that an appropriate appeal needs to be filed before the appellate authority. 5. In reply, learned counsel for the petitioner would submit that the petitioner or the vendor will file an appropriate appeal under Section 72 of the Registration Act, 1908, before the appellate authority. 6. Given the facts and circumstances, without going into the merits, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, giving liberty to the petitioner to file an appeal before the appellate authority. If such an appeal is filed, the learned appellate authority shall consider the same and pass orders strictly as per the provisions of the Registration Act, 1908, and the Rules made thereunder. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI
Date: 24.07.2025 SNI
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157 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 18735/2025
Date: 24.07.2025 SNI