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2025 DAILYLAW 29025 (AP)

VANAPALLI SATYANARAYANA v. THE STATE OF ANDHRA PRADESH

WP/21365/2023 · 2025-09-07

Tarlada Rajasekhar Rao

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Judgment text

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APHC010414072023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) K MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21365 OF 2023 Between: 1. Vanapalli Satyanarayana, S/o. Paddaiah, Aged 63 Gundugolanu, Bhimadole Mandal, Eluru District. 2. Chitti Madhu, S/o. years, R/o. Pedanarasimhulu, Aged 47 Gundugolanu, Bhimadole Mandal, Eluru District. years, R/o. 3. Velivela Sambasiva Rao Gundugolanu, Bhimadole Mandal, Eluru District. 4. Padimi Ganesh,, S/o. Satyanarayana, Aged 55 years, Gundugolanu, Bhimadole Mandal, Eluru District. S/o. Rambabu, Aged 38 years, R/o. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Commissioner and Inspector General Registration and Stamps Department, 5-59, R.K. Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, Krishna District. 2. The District Registrar, Eluru District, Eluru. 3. The Joint Sub-Registrar, Tadepalligudem, Eluru District. 4. The Joint Sub-Registrar, Bhimadole, Eluru District. ...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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not releasing the documents pertaining to the petitioners purchased properties in pending registration Document Nos. 2058/2022, 2056/2022, 2055/2022 and 2057/2022 is illegal, arbitrary and unconstitutional and contrary to the Section 71 of the Registration Act and consequently direct the 3rd respondent to release the respective pending registration documents of the petitioners forthwith. lA NO: 1 OF 2023 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 3rd respondent to release the documents of the petitioners pertaining to their purchased properties in Pending registration Document Nos. 2058/2022, 2056/2022, 2055/2022 and 2057/2022 forthwith, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI KOTI REDDY IDAMAKANTI Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following order: APHC010414072023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21365/2023 [3330] Between: 1.VANAPALLI SATYANARAYANA, S/0. PADDAIAH AGED 63 YEARS, R/O.GUNDUGOLANU, BHIMADOLE MANDAL ELURU DISTRICT. 2.CHITTI MADHU, S/O.PEDANARASIMHULU, AGED 47 YEARS R/O.GUNDUGOLANU, BHIMADOLE MANDAL ELURU DISTRICT. 3.VELIVELA SAMBASIVA RAO, S/O.RAMBABU AGED 38 YEARS, R/O.GUNDUGOLANU, BHIMADOLE MANDAL ELURU DISTRICT. 4.PADIMI GANESH, S/0.SATYANARAYANA, AGED 55 YEARS, GUNDUGOLANU, BHIMADOLE MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH COMMISSIONER REGISTRATION AND STAMPS DEPARTMENT 5-59 SPRING REP. BY ITS INSPECTOR GENERAL AND R.K. VALLEY KANKIPADU MANDAL, VIJAYAWADA, KRISHNA DISTRICT 2.THE DISTRICT REGISTRAR, ELURU DISTRICT, ELURU 3.THE JOINT SUBREGISTRAR, TADEPALLIGUDEM DISTRICT. 4.THE JOINT SUBREGISTRAR, BHIMADOLE, ELURU DISTRICT. APARTMENTS, EDUPUGALLU ELURU ...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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not releasing the documents pertaining to the petitioners purchased properties in pending registration Document Nos 2058/2022, 2056/2022, 2055/2022 and 2057/2022 is illegal, arbitrary V' 2 and unconstitutional and contrary to the Section 71 of the Registration Act and consequently direct the 3rd respondent to release the respective pending registration documents of the petitioners forthwith and pass lA NO: 1 OF 2023 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 3'^ respondent to release the documents of the petitioners pertaining to their purchased properties in Pending registration Document Nos. 2058/2022, 2056/2022, 2055/2022 and 2057/2022 forthwith, pending disposal of the Writ Petition and lA NO: 1 OF 2024 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 grant leave to petitioner herein Respondent No. 4 to file counter affidavit and pass lA NO: 2 OF 2024 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 grant leave to the petitioner herein respondent No. 3 to file counter affidavit and pass Counsel for the Petitioner(S): 1.KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: pass 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 21365 of 2023 ORDER; The present writ petition is filed under Article 226 of the 0 Constitution of India seeking the following relief: “...to issue an order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the 3 respondent in not releasing the documents pertaining to the petitioners purchased properties in pending registration Document Nos. 2058/2022, 2056/2022, 2055/2022 and 2057/2022 Is illegal, arbitrary and unconstitutional and contrary to the Section 71 of the Registration Act and consequently direct the 3^^ respondent to release the respective pending registration documents of the petitioners forthwith and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case. ” rd It is the case of the petitioners herein that they have purchased 2. the property to an extent of 14.45 square yards with shed and 39.44 square yards in Survey No.237/4 from its original owners Puli Ramanujaiah through his GPA Holder on 15.09.2022. After presentation of the document, the 3'^^ respondent/Joint Sub-Registrar gave pending registration No.2058 of 2022 and the same was forwarded to the 4'^ respondent for acceptance since the property is situated within the jurisdiction of the 4**^ respondent. The 4 th respondent, after verifying the same, accepted the registration on 22.09.2022. Having received the confirmation/acceptance by the 4th 4 respondent, the sale deed herein. Hence, the present writ petition. was not released in favour of the petitioners 3. Learned State Counsel would submit that the not released the documents before this Hon’ble Court vide W.P. Court directed not to entertain the respondents 6 to 21 therein i 3'^^ respondent has as already there is a writ petition pending No.30406 of 2022 wherein this documents being submitted by the in respect of the subject property to an extent of Ac.13.75 cents in R.S.Nos.50/1, 54/12, 66/6, 45/2 and of Padala Village, Padala Gram Panchayat 247/11 Tadepalligudem Mandal West Godavari District and hence, the 3 the said documents. respondent has not released 4. When this Court posed queried to the learned State Counsel about the Survey No.237/4 is part of the order given by this Court W.P.No.30406 of 2022, iearned State said Survey Number is not part of the order in Counsel fairly admitted that the passed by this Court in W.P.No.30406 of 2022. 5. In view of the above circumstances, this Court iis inclined to dispose of this writ petition directing the 3™ respondent herein to register the document Nos.2058 of 2022, 2056 of 2022, 2055 of 2022 and 2057 of 2022 submitted by the petitioners herein and reiease the same in favour of the petitioners, in accordance with law. 5 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- iVl. SRlNSV.ivS ASSISTANT REGiSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Commissioner and Inspector General Registration and Stamps Department, State of Andhra Pradesh, 5-59, R.K. Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, Krishna District. 2. The District Registrar, Eluru District, Eluru. 3. The JoinfSub-Registrar, Tadepalligudem, Eluru District. 4. The Joint Sub-Registrar, Bhimadole, Eluru District. 5. One CC to Sri. Koti Reddy Idamakanti Advocate [OPUC] 6. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] 7. Two CD Copies gsc GSC HIGH COURT DATED:08/09/2025 ORDER WP NO. 21365 OF 2023 DISPOSING THE WP WITHOUT COSTS