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2025 DAILYLAW 32147 (AP)

PENTAGATLA VENKATA SURESH v. THE STATE OF ANDHRA PRADESH

WP/24983/2025 · 2025-09-16

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010472632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24983/2025 Between: 1. PENTAGATLA VENKATA SURESH, S/O PENTAGATIA VENKATA RAO AGED ABOUT 38 YEARS REP BY ITS GPA HOLDER PENTAGATIA VENKATA RAO, S/O. LATE SUBBA RAO, AGED ABOUT 66 YEARS, D.NO. 1-128, KONDAGUNTUR, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT- 533124 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (STAMPS AND REGISTRATIONS) A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND INSPECTOR GENERAL, STAMPS AND REGISTRATIONS, IGRS OFFICE, V SQUARE BUILDING, K S R PARK ROAD, WARD NO. 2, TADEPALLI, GUNTUR DISTRICT-522201. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 4. THE DISTRICT REGISTRAR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 5. THE SUB REGISTRAR, RAJANAGARAM, EAST GODAVARI DISTRICT. 6. PATAMSETTI SURI BABU, S/O.(LATE) CHANDRA RAO, MADHAVARAYUDUPALEM VILLAGE. ...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 topleased to pass an appropriate Order/Writ/Direction more particularly in the nature of Writ of Mandamus declaring that, the conduct of respondent no. 5 in terms of refusing to receive my 'sale deed' (i.e.) document dated 29.07.2025 as presented by me for registration of the same as gross dereliction of duty, illegal, arbitrary, capricious, highhanded, whimsical, violative of principles of natural justice, violative of the provisions of the 'act' and the provisions of the constitution of India and consequently direct him to receive my 'sale deed' (i.e.) document dated 29.07.2025 as 2 presented by me and register the same, in accordance with law and in the interests of justice else I shall suffer irreparable loss and injury 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 directing respondent no.5 to receive my ‘sale deed’ (i.e.) document dated 29.07.2025, as presented by me and register the same, in accordance with law, during the pendency of the writ petition before this Hon’ble court, in the interests of justice else I shall suffer irreparable loss and injury 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 pass an appropriate order/s restraining respondent no.5 from entertaining or registering any document pertaining to the immovable property mentioned in my ‘sale deed’ (i.e.) document dated 29.07.2025, as may be presented by any other third party, including respondent no.5, during the pendency of the writ petition before this Hon’ble court, in the interests of justice else I shall suffer irreparable loss and injury. Counsel for the Petitioner: 1. M S R SASHI BHUSHAN Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24983 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to pass an appropriate Order/Writ/Direction more particularly in the nature of Writ of Mandamus declaring that, the conduct of respondent no. 5 in terms of refusing to receive my 'sale deed' (i.e.) document dated 29.07.2025 as presented by me for registration of the same as gross dereliction of duty, illegal, arbitrary, capricious, highhanded, whimsical, violative of principles of natural justice, violative of the provisions of the 'act' and the provisions of the constitution of India and consequently direct him to receive my 'sale deed' (i.e.) document dated 29.07.2025 as presented by me and register the same, in accordance with law and in the interests of justice …” 2. The grievance of the petitioner is that the 5th respondent is not receiving and registering sale deed dated 29.07.2025 of the petitioner. Aggrieved by the same, the present Writ Petition is filed seeking a direction to receive and process the sale deed dated 29.07.2025, for registration. 3. Under Section 71 of the Registration Act, 1908, (hereinafter for short referred to as the ‘Act’) every Sub-Registrar shall record reasons of refusal and record his reasons for such order in his Book No.2, and endorse the words ‘registration refused’ on the document. 4 4. As per Section 71 of the Act, the 5th respondent is obligated to receive or refuse the document by a reasoned order and he cannot keep it pending without passing any order. 5. Therefore, the present Writ Petition is disposed of directing the 5th respondent to receive the document, register it and release the same if it is in accordance with law. If the document is not fit for registration, the 5th respondent is directed to record reasons in accordance with law and communicate the same to the petitioner herein. It goes without saying that it must be done within a period of three (03) weeks from the date of receipt of the order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 17.09.2025 KBN