PANCHANGULA RAMKRISHNAMURTHY v. THE STATE OF ANDHRA PRADESH
WP/27559/2024 · 2025-02-10
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34377 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34377 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 27559 OF 2024 PRASAD Between: Panchangula Ramkrishnamurthy, S/o Late Venkat Subbaiah 59 years. R/o Flat No.15A, Block No.3 Opp. Saibaba Temple, Miyapur, Hyderabad Telangana Aged around Phase-1, Janapriya Apartment ...PETITIONER AND
1. The Slate of Andhra Pradesh, Rep. by its Principal Secretary, Registration and Stamps Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Registrar of Assurance, SPSR Nellore
3. The Joint Sub-Registrar -I, Nellore (R.O), SPSR Nellore
4. The Joint Sub-Registrar, Stone House Pet, SPSR District District Nellore ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction may more particularly one in the
order No.1 of 2024 nature of the writ of MANDAMUS declaring the refusal passed by the Respondent No.3 refusing to register the General Power of Attorney dated 24.08.2024 purportedly on the ground of pending dispute respect the land admeasuring an extent of Ac. 1.10 Cents covered under Sy. No. 312/4, Ward No. 28, Mypad Road SPSR Nellore in Near to D.No.698, Nellore Bit-ll, contrary to the rules besides violative of the as arbitrary, unjust, without jurisdiction and Registration Act 1908 and AP Registration
fundamental rights of the Petitioner 300A of the Constitution of India and guaranteed under Articles 14, 21 and consequently set aside the same.
lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the Respondent No.3 herein to receive, process, register
24.08.2024. and release the General Power of Attorney dated Counsel for the Petitioner: SRI S.V.S.S. SIVARAM, FOR M/s. CKR ASSOCIATES Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDHARY, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER
1 APHC010528872024 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: 27559/2024 Between: 1.PANCHANGULA RAMKRISHNAMURTHY, S/0 LATE VENKAT SUBBAIAH, AGED AROUND 59 YEARS, R/0 FLAT N0.15A, BLOCK N0.3, PHASE-1, JANAPRIYA APARTMENT, TEMPLE, MIYAPUR, HYDERABAD TELANGANA OPP. SAIBABA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REGISTRATION AND STAMPS DEPARTMENT, SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT REGISTRAR OF ASSURANCE, SPSR NELLORE DISTRICT 3.THE JOINT SUBREGISTRAR 1, NELLORE (R.O), SPSR NELLORE DISTRICT 4.THE JOINT SUBREGISTRAR, STONE HOUSE PET, SPSR NELLORE ...RESPONDENT(S): Counsel for the Petitioner:
1.CKR ASSOCIATES Counsel for the Respondent(S):
2 r7^ 1.GP FOR REGISTRATION AND STAMPS The Court made the following ORAL ORDER: Heard Sri S.V.S.S. Sivaram CKR Associates, Ld. Counsel for the Ld. Assistant Government Pleader. Ld. Counsel appearing on behalf of M/s. Writ Petitioner and Sri Arjun Chowdary,
2. Ld. Counsel for the Writ Petitioner Court to the Impugned Order dated has drawn the attention of this 10.09.2024 (Ex.P.1) passed by the Joint 3). On perusal of the said impugned the request made by the Writ Petitioner Attorney (G.P.A) insofar Sub-Registrar, Nellore (Respondent No.
Order, this Court has noticed that register the General Power of admeasuring an extent of Ac. 1.22 been declined. to as the land cents in Survey No.312/4 is concerned had The said impugned Order i essentially a Refusal Order passed by the Respondent No.3 declining to register the General Power of Attorney (G.P.A) in respect of the above extent of the Counsel for the Writ Petitioner would submit that speaking Order and therefore suffers from IS property. Learned the impugned Order is a non- the vice of violation of Principles of Natural Justice, inasmuch as the Respondent No.3 has proper reasons nor has mentioned the neither assigned details of the alleged Order Attachment. He would submit that, if the Respondent No.3 i
Order of Attachment, the lis of IS aware of the ought to have necessary details, to explore his remedies as available to that the Respondent No.3 is to provide the mentioned in the order impugned herein thereby, enabling the Writ Petitioner him under law.
3. This Court has perused the iimpugned Order. Having gone agreement with the learned Counsel for the Writ Petitioner the impunged Order suffers from the so. this Court is an that vice of violation of Principles of Natural no details in respect of the order Justice inasmuch as D , ■ which binds the Respondent No.3 not to register the General Power of Attorney (G.P.A) as mentioned. This Court is also in agreement with the submissions made by the earned Counsel that if the Respondent^.3 has details of the orders that
3 binds him from registering the General Power of Attorney (G.P.A), he ought to have disclosed the details of the case in order to enable the Writ Petitioner to explore the legal avenues possible under law. In this view of the matter, the impugned Refusal Order No. 1/2024 dated 12.09.2024 is set aside. The Respondent No.3 is once again directed to conduct a de novo enquiry and pass a Speaking Order in accordance with law within a period of four weeks from today and convey a copy of such Order to the Writ Petitioner forthwith. The Respondent No.3 is statutorily obligated to adhere the Principles of Natural Justice by issuing advance Notices to all the interested parties including the Writ Petitioner, consider their submissions * /objections and documents, if any, before passing the final Order.
4. The Writ Petitioner is directed to submit a copy of this Order to Respondent No.3 within one week from today for effective compliance.
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6. With these observations and directions, this Writ Petition stands allowed. No order as to costs.
7. Interlocutory Applications, if any, stand closed in terms of this I
order.
Sd/-K.SRiNiVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Registration and Stamps Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The District Registrar of Assurance, SPSR Nellore District The Joint Sub-Registrar -I, Nellore (R.O), SPSR Nellore District The Joint Sub-Registrar, Stone House Pet, SPSR Nellore One CC to M/s.CKR Associates, Advocate [OPUC] Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] Three CD Copies.
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HIGH COURT DATED:10/02/2025 ANOS^ £P o\ 14 FEB 2025 . Current Section .y/
ORDER WP.No.27559 of 2024 ALLOWING THE W.P. WITHOUT COSTS