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2025 DAILYLAW 27124 (AP)

KILARI ESWARAIAH v. THE GOVERNMENT OF AP

WP/19666/2025 · 2025-07-30

Subba Reddy Satti

body2025

Judgment text

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APHC010383632025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI — WRIT PETITION NO: 19666 OF 2025 Between: Kilari Eswaraiah, S/o. K. Chennappa, Aged 65 years, R/o. D.No. 13-2-228, Ramachandra Nagar, Ananthapuramu Town, Ananthapuramu District. ...Petitioner AND 1. The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Amaravati. 2. The District Registrar Stamps and Registration, Ananthapuramu District, Ananthapuramu. 3. The Sub Registrar Stamps and Registration, Ananthapuramu Rural, Ananthapuramu District. 4. The Tahsildar, Rapthadu Mandal, Ananthapuramu Mandal. ...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 respondents in not releasing the Document which is kept pending registration No. 271/2023 for the land admeasuring AC. 4.00 cents in Sy. No. 56/2B situated un Hampapuram Village, Rapthadu Mandal, Ananthapuramu District as illegal, arbitrary and without jurisdiction and violative of Article 14 of the Constitution of India and consequently direct the respondents herein to register and release the documents forthwith. 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 respondents to release the document presented by the petitioner herein for the land admeasuring AC. 4.00 cents in Sy. No. 56/2B situated in Hampapuram Village, Rapthadu Mandal, Ananthapuramu District pending disposal of the Writ Petition. Counsel for the Petitioner: SRI ALLU HARI NARAYANA Counsel for the Respondents : SRI DIVYA TEJA, ASST. GP FOR REVENUE The Court at the stage of admission made the following order: /^HC010383632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19666/2025 Between: 1.KILARI ESWARAIAH. , S/0 K. CHENNAPPA, AGED 65 YEARS, R/0 D.NO. 13-2-228, RAMACHANDRA NAGAR, ANANTHAPURAMU TOWN, ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1.THE GOVERNMENT OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI 2.THE DISTRICT REGISTRAR STAMPS AND REGISTRATION, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU 3.THE SUBREGISTRAR STAMPS AND REGISTRATION, ANANTHAPURAMU RURAL, ANANTHAPURAMU DISTRICT 4.THE TAHSILDAR, RAPTHADU MANDAL, ANANTHAPURAMU MANUAL ...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 direction, declaring the action of the respondents in not releasing the Document which is kept pending registration No. 271/2023 for the land admeasuring AC. 4.00 cents in Sy. No. 56/2B situated un Hampapuram ^lage, Rapthadu Mandal, Ananthapuramu District as illegal, arbitrary and without jurisdiction and violative of Article 14 of the Constitution of India and or 2 consequently direct the respondents herein to register and release the documents forthwith 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 to direct the respondents to release the document presented by the petitioner herein for the land admeasuring AC. 4.00 cents in Sy.No.56/2B situated in Hampapuram Village, Rapthadu Mandal, Ananthapuramu District pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.ALLU HARI NARAYANA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: ::ORDER:: Heard Sri Allu Han Narayana, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. Learned counsel for the petitioner would submit that the petitioner purchased Ac.4.00 cents in Sy.No.56/2B of Hampapuram Village, Rapthadu Mandal, Ananthapuramu District from Sri Suravu Srinivasulu, S/o. late Suravu Obulappa. The sale deed dated 04.05.2023 was presented before the Sub- Reg istrar/S'"^ respondent for registration. The Sub-Registrar/3''^ respondent received the document and assigned P.No.271/2023. So far, the document has not been released. Learned Assistant Government Pleader, on instructions, while not disputing the presentation of the document, referred supra, would submit that the 3'"'^ respondent will pass appropriate orders. 3. 3 Whenever a document is presented, the registering authority must receive and process the same subject to fulfilment of the provisions of the Indian Stamp Act and the Registration Act. If the authority refuses to register, an order under Section 71 of the Registration Act needs to be passed. 4. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing respondent to process the document dated 04.05.2023, concerning the property supra, subject to the petitioner’s fulfilling the requirements under the Indian Stamp Act, 1899 and the Registration Act, 1908, as expeditiously as possible preferably within two (02) months from the date of receipt of copy of the order. No order as to costs. 5. rd the learned 3 As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Government Pradesh, Secretariat, Amaravati. 2. The District Registrar Stamps and Registration Ananthapuramu. 3. The Sub Registrar Stamps and Registration, Ananthapuramu Rural Ananthapuramu District. 4. The Tahsildar, Rapthadu Mandai of Andhra , Ananthapuramu District, Ananthapuramu District. 5. One CC to Sri Allu Hari Narayana, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra 7. Two CD Copies Pradesh [OUT] Cnr HIGH COURT DATED:31/07/2025 ORDER WP NO. 19666 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS