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2025 DAILYLAW 26236 (AP)

KOLATHURU SUBRAMANYAM REDDY v. THE STATE OF ANDHRA PRADESH

WP/18901/2025 · 2025-07-23

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010370522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18901 OF 2025 Between: 1. Kolathuru Subramanyam Reddy, S/o. Chinna Kuppaiah, Aged about 84 years, Occ: Senior Citizen, R/o. D.No.l-119Ru, Vippamanipatte da Village, Bhrahmanapattu Post, Surappakasham, Renigunta Mandal, Tirupati District. 2. A.Parvathamma, W/o. ASubramanyam, Aged about 75 years, Occ: Senior Citizen, R/o. D.No.l-121Ru, Vippamanipatteda Village, Bhrahmanapattu Post, Surappakasham, Renigunta Mandal, Tirupati District. 3. Kolathuru Mannar, S/o. Kolathuru Krishna Reddy, Aged about 74yrs, Occ: Senior Citizen, R/o.D.No.1-119Ru, Vippamanipatteda Village, Bhrahmanapattu Post, Surappakasham, Renigunta Mandal, Tirupati District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Registration) Department, Secretariat, Velagapudi, Amaravati. 2. The District Registrar, Stamps and Registration Department, Tirupati District, Tirupati. 3. The Sub Registrar, Renigunta Sub-Registrar Office, Renigunta, Tiruapti District. f- ...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 of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondent No.3 in issuing Intimation of Refusal in P.No.66/2025 as per the Memo No. REV08- dated 12.03.2025, as illegal.22/490/2024-GENERAL-IGRS-lll, arbitrary, unjust, contrary to the provisions of the Registration Act, violative of Articles 14,19 and 300-A of the Constitution of India, 1908, and set aside the same and consequently direct the Respondent No.3 to receive, register and release the document (Partition Deed dt.04.06.2025) presented by the Petitioner, which is pending registration, in accordance with law, without reference to the impugned refusal memo. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.3 to forthwith receive, register, and release the document presented by the Petitioner for registration vide P.No.66/2025, dt.05.06.2025, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI RAMESH VODNALA Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court at the state of admission made the following order: (S' APHC010370522025 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; 18901/2025 Between: 1.KOLATHURU SUBRAMANYAM REDDY. S/0 CHINNA KUPPAIAH, AGED ABOUT 84 YRS, OCC SENIOR CITIZEN R/0 D.NO.L-119RU, VIPPAMANIPATTEDA VILLAGE, SURAPPAKASHAM, RENIGUNTA MANDAL, TIRUPATI DISTRICT. BHRAHMANAPATTU POST, 2.A.PARVATHAMMA,. W/0 ASUBRAMANYAM, AGED ABOUT 75 YRS, OCC SENIOR CITIZEN R/0 D.NO.L-121 RU, VIPPAMANIPATTEDA VILLAGE, RENIGUNTA MANDAL, TIRUPATI DISTRICT. BHRAHMANAPATTU POST, SURAPPAKASHAM, 3.KOLATHURU MANNAR,, S/0 KOLATHURU KRISHNA REDDY, AGED ABOUT 74YRS, OCC SENIOR CITIZEN R/0 D.N0.1-119RU, VIPPAMANIPATTEDA VILLAGE, BHRAHMANAPATTU POST. SURAPPAKASHAM, RENIGUNTA MANDAL, TIRUPATI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE (REGISTRATION) DEPARTMENT, SECRETARY. SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT REGISTRAR, STAMPS AND REGISTRATION DEPARTMENT, TIRUPATI DISTRICT, TIRUPATI. 3.THE SUBREGISTRAR, RENIGUNTA SUB-REGISTRAR OFFICE RENIGUNTA, TIRUAPTI DISTRICT. 2 ...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 of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondent No.3 in issuing Intimation of Refusal in P.No.66/2025 as per the Memo No. REV08- dated 12.03.2025, as illegal.22/490/2024-GENERAL-IGRS-lll provisions of the Registration Act, violative of Articles 14,19 and 300-A of the Constitution of India, 1908, and set aside the same and consequently direct the Respondent No.3 to receive, register and release the document (Partition Deed arbitrary, unjust, contrary to the dt.04.06.2025) presented by the Petitioner, which is pending registration, in accordance with law, without reference to the impugned refusal memo and pass such 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.3 to forthwith receive, register, and release the document presented by the Petitioner for registration vide P.No.66/2025, dt.05.06.2025, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner(S): 1.RAMESH VODNALA Counsel for the Respondent(S): 1 .GP FOR REGISTRATION AND STAMPS The Court made the following ORDER: Heard Sri P.Madhusudhan, learned counsel representing Sri V.Ramesh, learned counsel for the petitioners and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 3. Learned counsel for the petitioners would submit that the petitioners presented a document i.e. partition Deed dated 04.06.2025 (Ex.P.2). The 3 respondent, by proceedings impugned vide P.No.66/2025 dated 06.06.2025 (intimation of refusal) refused to register the same, acting upon a Memo 2. rd 3 V <? No.REV 08-22/490/2024 GENERAL-IGRS-III dated 12.03.2025. Learned counsel would submit that the order passed by the 3'^'^ respondent is illegal. Learned Assistant Government Pleader, on oral instructions, would submit that against an order of refusal Ex.P.1, an appeal would lie under Section 72 of the Registration Act, 1908 (for short “the Act”). The petitioner, without availing the statutory appeal, filed the present writ petition. 3. In reply, learned counsel for the petitioners would submit that the petitioners will avail remedy of appeal under Section 72 of the Act. 4. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side giving liberty to the petitioner to avail remedy of appeal under Section 72 of the Act against the intimation of refusal (Ex.P.1) passed by the 3"^ respondent. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// J1 ^ SECTION OFFICER To, 1. The Principal Secretary, Revenue (Registration) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The District Registrar, Stamps and Registration Department, Tirupati District, Tirupati. 3. The Sub Registrar, Renigunta Sub-Registrar Office, Renigunta, Tiruapti District. 4. One CO to Sri Ramesh Vodnala, Advocate [OPUC] 5. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Cnr HIGH COURT DATED:24/07/2025 ORDER WP NO. 18901 OF 2025 ^ tS SEP 2025 )g) i^>Cjirrent SectioftxCy' DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS