APHC010442052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 937/2025 Writ Appeal under clause 15 of the Letters Patent above named appellants beg to prefer this Memorandum of Writ appeal as against the orders in W.P.No.40087/2015 Dt. 01.03.2023 for the following among other Between: 1. THE SUB REGISTRAR, TIRUPATHI RURAL, CHITTOOR DISTRICT. ...APPELLANT AND 1. THE AVILALA COOPERATIVE HOUSE BUILDING SOCIETY LIMITED, REGD NO S 835 AVILALA TIRUPATHI D NO 212 UPSTAIRS TILAK ROAD TIRUPATHI REP BY ITS SECRETARY G VENKATARAMANAIAH S/O G MUNASWAMY AGED ABOUT 60 YEARS RETD GOVERNMENT SERVANT R/O D NO 20315/Q SIVAJYOTHI NAGAR TIRUPATHI CHITTOOR DISTRICT. ...RESPONDENT / WRIT PETITIONER 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (STAMPS REGISTRATION) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 4. THE TAHSILDAR, TIRUPATHI RURAL MANDAL, TIRUCHANUR ROAD, TIRUPATHI, CHITTOOR DISTRICT. 2 RRR, J & TCDS, J W.A.No.937 of 2025 ...RESPONDENT(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 pleased to condone the delay of874 DAYS preferring the present writ appeal against the order dated 01.03.2023 passed in W.P.No.40087 of 2015 and pass s IA NO: 2 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 Pleased to suspend the operation of the order dated 01.03.2023 passed in W.P.No. 4008 of2015, pending disposal of this writ appeal, and pass Counsel for the Appellant: 1. GP FOR REGISTRATION AND STAMPS Counsel for the Respondent(S): 1. RAMAKRISHNA AKURATHI 3 RRR, J & TCDS, J W.A.No.937 of 2025 The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard the learned Government Pleader for Stamps and Registration, appearing for the appellant and Sri P. Veera Reddy, learned Senior Counsel appearing for the 1st respondent. 2. The private respondent, said to be a Cooperative House Building Society, consisting of various retired persons, had purchased various extents of land in various survey numbers of Avilala Village accounts, Tirupati Rural Mandal, Chittoor District. It appears that these lands had been kept in the Prohibitory Register, maintained under Section 22-A of the Registration Act, on the basis of a letter, dated 24.03.2012, issued by the Tahsildar and the registration sought by the members of the private respondent were being rejected on this ground. Aggrieved by the said rejection of registration of documents, the private respondent approached this Court, by way of W.P.No.40087 of 2015. A learned Single Judge of this Court, by an order, dated 01.03.2023, had allowed the Writ Petition, on the ground that the Tahsildar is not a competent Authority to issue the list of properties to be placed in the Prohibitory Register and that the documents presented by the members of the private respondent, in relation to the aforesaid land, should be accepted, for registration. 3. Aggrieved by the said order, the State is in appeal before us. 4 RRR, J & TCDS, J W.A.No.937 of 2025 4. The learned Government Pleader for Stamps and Registration would contend that though the letter of the Tahsildar is invalid, the fact remains that these lands were placed in the Prohibitory Register, on the basis of the proceedings of the District Collector, Chittoor, dated 07.07.2015, by way of File No.F2/7509/2014 and that the list of properties was published in the District Gazettee on 29.04.2015. The learned Government Pleader contends that in such circumstances, the order of the learned Single Judge would have to be set aside. 5. Sri P. Veera Reddy, learned Senior Counsel appearing for the private respondent would contend that the fact of subsequent notification was not raised before the learned Single Judge during the arguments of the case and consequently, the learned Single Judge had passed the order-under- appeal. 6. We agree with the finding of the learned Single Judge that the Tahsildar cannot send any lists of properties, to be placed under the Prohibitory Register by the concerned Registration Authority. To that extent, the judgment of the learned Single Judge has to be upheld. 7. On the question of effect of the publication of the list of properties in the District Gazettee, on the basis of the proceedings of the District Collector, Chittoor, the same is left open for an appropriate decision by the Registration Authorities as and when the documents are presented to them. 5 RRR, J & TCDS, J W.A.No.937 of 2025 8. Accordingly, the Writ Appeal is closed. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _______________ T.C.D.SEKHAR, J Date: 08.09.2025 MJA 6 RRR, J & TCDS, J W.A.No.937 of 2025 38 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT APPEAL No:937 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 08.09.2025 MJA