SATHULURI VENKATA LAKSHMI v. THE STATE OF ANDHRA PRADESH
WP/1844/2025 · 2025-02-10
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2942 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2942 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATL (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1844 OF 2025 V.-' Between:
1. Sathuluri Venkata Lakshmi, W/o, Satyanarayana Acharyulu, Aged about 52 years, R/o. F^o.24A-22-8 Dhurjati Street, Ashok Nagar, VTC, Eluru, Eluru District. 2. Sathuluri Manikanta Pavan Nanda Kishore, S/o. Satyanarayana Acharyulu, Aged about 26 years, R/o. H.No.24A-22-8, Dhurjati Street, Ashok Nagar, VTC, Eluru, Eluru District. ...PETITIONER(S) AND
1. The of Andhra Pradesh, Represented by its Principal Secretary Revenue (Registration. I) Department, Secretariat Buildings,Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Inspector General of Registration and StamjDs, Andhra Pradesh R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, Andhra Pradesh
3. The District Collector, Krishna District. 4. The District Registrar, Krishna District. 5. The Sub-Registrar, Gudiwada, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit tiled therewith, the High Court may
w • be^^pleased to issue a Writ of Mandamus, or any other appropriate writ, order -j"'^?;^ii^tion, declaring the action of the Respondent No.4 and 5 'W.ev in not 1fece]\|iqgj and registering the agreement of sale dated 28.12.2024 of the I \ petitioners land admeasuring Ac.7-24 cents in R.S.No.37/1, 37/1,2 of Ogirala ^^Vilfagl', Bapul Padu Mandal, Krishna District as illegal, improper, unjust, arbitrary and violative of principles of natural justice and to consequently direct the Respondent No.4 and 5 to receive and register the agreement of sale dated 28.12.2024. 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 be pleased to direct the Respondent No.4 and 5 to receive, register and release the document submitted by the petitioners land admeasuring Ac.7-24 cents in R.S.No.37/1, 37/1,2 of Ogirala Village, Bapul Padu Mandal, Krishna District, pending disposal of the Writ Petition. may V'"' Counsel for the Petitioner(s): M/s Y MAHA LAKSHMI Counsel for the Respondents No.1 to 5: GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER
APHC010009902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1844/2025 Between: 1.SATHULURI VENKATA LAKSHMI, W/0.
SATYANARAYANA ACHARYULU, AGED ABOUT 52 YEARS, R/0. H.N0.24A-22-8 DHURJATI STREET, ASHOK NAGAR, VTC, ELURU, ELURU DISTRICT. 2.SATHULURI MANIKANTA PAVAN NANDA KISHORE, S/0. SATYANARAYANA ACHARYULU, AGED ABOUT 26 YEARS, R/0. H.N0.24A-22-8, DHURJATI STREET, ASHOK NAGAR, VTC, ELURU, ELURU DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE (REGISTRATION. I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, ANDHRA PRADESH R.K.SPRING VALLEY APARTMENTS, EDUPUGALLU, KANKIPADU MANDAL, VIJAYAWADA, ANDHRA PRADESH 3.THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 4.THE DISTRICT REGISTRAR, KRISHNA DISTRICT. 2 5.THE SUBREGISTRAR, GUDIWADA, KRISHNA DISTRICT. ...RESPONDENT(S); Counsel for the Petitioner(S):
TYMAHA LAKSHMI Counsel for the Respondent(S);
1.GP FOR REGISTRATION AND STAMPS The Court made the following;
ORAL ORDER: Heard Sri A.Upendra,
learned Counsel representing on behalf of Smt. Y. Maha Lakshmi, learned, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Registration & Stamps.
Learned Counsel for the Writ Petitioners has submitted that the Writ
2. Petitioners have purchased the subject property and has submitted the Agreement of Sale for registration before the Joint Sub-Registrar (Respondent No.5). It is the case of the Writ Petitioners that the said Joint Sub-Registrar has declined to accept the said Agreement of Sale dated 28.12.2024 (Ex.P.1). It is the submission of the
learned Counsel for the Petitioners that the Respondent No.5 has declined to receive the said Agreement of Sale and process the same. He would submit that no reason was given by the Respondent No.5 for declining to receive the said documents and process the same.
3.
Learned Counsel for the Petitioners has placed reliance on the
judgment of this Court in Salimeni Ravindra Vs. The State of Andhra
3 Pradesh & Ors. (\A/.P.No.10392 of 2021 dated 15.06.2021). He would place reliance on this judgment to submit that the Sub-Registrar cannot refuse to receive the document presented for registration. He would submit that as per Section 71 of the Registration Act, 1908, there is an obligation on the Registrar/Sub-Registrar to process the Agreement of Sale and either register the same or record reasons for refusal to register a document which is presented for registration and make an order of refusal and record his reasons for such
order in his Book No.2 with the endorsement of the phrase
“registration refused” on the presented document for registration. This procedure is followed as per Rules 161 to 164 of the Rules framed under the Registration Act, 1908. This Court, having perused the judgment of this Court in Salimeni Ravindra’s case (W.P.No.10392 of 2021 dated 15.06.2021), is of the view that the present Writ Petition is squarely covered by the said
judgment. Accordingly, this Writ Petition stands disposed of with a direction to the Respondent No.5 to receive the Agreement of Sale dated 28.12.2024 and process the same in accordance with the procedure as indicated and as dealt
4. with in this judgment dated 15.06.2021 in W.P.No.10392 of 2021. No order as to costs.
5. The Writ Petitioners are directed to submit a copy of this Order along with a photocopy of the Judgment of this Court which is relied-on i.e., Salimeni Ravindra’s case (W.P.No.10392 of 2021 dated 15.06.2021) to the Registrar
4 for better appreciation and for following the procedure in accordance with law in future cases as well. Needless to state that on presentation of the Agreement of Sale, the Joint Sub-Registrar namely Respondent No.5 shall pass a Speaking Order as law within a reasonable time in the event he/she is not inclined to register
6. per the document. Interlocutory Applications, if any, stand closed in terms of this order.
7.
Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Revenue (Registration. I) Department, Secretariat Buildings,Velagapudi, Amaravathi, Guntur District.
2. The Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, Andhra Pradesh , '
3. The District Collector, Krishna District.
4. The District Registrar, Krishna District.
5. The Sub-Registrar, Gudiwada, Krishna District.
6. One CC to M/s. Y. MAHA LAkSHMI, Advocate [OPUC]
7. Two CCs to GP FOR REGI^RATION AND STAMPS, High Court of Andhra Pradesh. [OUT]
8. Three C.D.Copies 's.,-' nm
HIGH COURT DATED:10/02/2025
ORDER WP.No.1844of 2025 g 1 7 MAR 2025 | ^ . Current Section . ^ C» DISPOSING OF THE WP WITHOUT COSTS