VAKATI SRIDHAR REDDY v. THE STATE OF ANDHRA PRADESH
WP/33558/2022 · 2025-02-03
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34955 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34955 (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 THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPA WRIT PETITION NO: 33558 OF 2022 Between: Vakati Sridhar Reddy, s/o Late Janaki Rami Reddy aged about 59 years, occ. Business, r/o H.No. 9-64, Nallajalamma Street, Gudur, Tirupati District. ...Petitioner AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupati District erstwhile SPSR Nellore District
3. The District Registrar, Registration and Stamps, Nellore. The Registrar of Firms, Nellore, SPSR Nellore District. 4. 5. Vakati Bhuvaneshwari, w/o Chandra Sekhar Reddy, aged about 52 years, r/o H.No. 9-64, Nallajalamma Street, Gudur, Tirupati District. 6. Sanam Yoshitha, w/o Sanam Midhun Reddy Aged 33 years, r/o H.No. 9-64, Nallajalamma Street, Gudur, Tirupati District. 7, Vakati Dharani, d/o Chandra Sekhar Reddy, aged 32 years, r/o H.No. 9- 64, Nallajalamma Street, Gudur, Tirupati District. , k... 8. Vakati Chandra Sekhar Reddy, S/o. Late. V. Janakirami about 70 years, Occ; Business, R/o. Nalazalamma Street, Tirupati District, Erstwhile Nellore District (R8 is impleaded as per the Court Order dated 1 of 2024 in Writ Petition and Affidavit) Reddy, aged Gudur Town, 03.02.2025 in lA. No. ...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 an appropriate Writ, Order or Direction particularly one in the nature of Writ of Mandamus the respondent No.4 herein i may more to declare the action of in except issuing the notices dt. 18-11-2020, 15- -j conclude the enquiry pursuant to the 12-2020 and 19-1-2021 and failed to complaints dt. 28- 1-2019, 5-3-2019 and 10-6-2019 given by the petitioner as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent No.4 herein to conclude the enquiry as expeditiously as possible and to take appropriate action against the unofficial respondents in accordance with Law, and to grant such Hon'ble Court may deem fit and in the interest of justice. other relief or reliefs as this proper in the circumstances of the case and LA NO: 1 OF 2099 Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court pleased to pass orders directing the Respondent the Reconstituted Partnership Deed dt.
praying that in the circumstances may be No. 4 herein to suspend 13-10-2015, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI G VENKATESWARLU Sps?apT®
“> GP for registration and
Counsel for the Respondents No.5 to 8: None The Court made the following: Order
.W(P.9io.33SS8 of2022 1 APHC010548812022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33558/2022 Between: Vakati Sridhar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.G VENKATESWARLU Counsel for the Respondent(S):
1.GP FOR REGISTRATION AND STAMPS (AP) The Court made the following:
ORDER The grievance of the petitioner is that the respondent no.4, pursuant to the complaints made to him by the petitioner dated 28.01.2019, 05.03.2019 and 10.06.2019, though issued notices dated 18.11.2020, 15.12.2020 and 19.01.2021, is not concluding the enquiry.
.^(P.J^o.33558 of2022 2
2. Heard Sri G. Venkateswarlu, learned counsel for the petitioner and the learned Assistant Government Pleader for Stamps and Registration and despite served with notices none appeared for respondent nos. 5 to 8.
3. Sri G.Venkateswarlu, learned counsel, while reiterating the contents of the writ affidavit would submit that the petitioner and his two brothers established a partnership firm under the name and style M/s. Ravi Chandra Mining Company and the same was registered in the office of respondent no.4-Registrar of Firms, Nellore. Thereafter, one of the partners Vakati Niranjan Reddy executed a Will dated 25.06.2015 bequeathing his share in the partnership in favour of the petitioner and he died on 14.07.2015 and consequently, the will came into force and the petitioner became entitled to 50% share and the other partner Vakati Chandrasekhar Reddy ( respondent no.8) became entitled to the remaining 50% share in the partnership firm. The other partner Vakati Chandrasekhar Reddy with a view to knock away the petitioner's share, brought into existence a forged and fabricated relinquishment deed dated 12.06.2003 as if the petitioner had relinquished his share in the partnership and submitted the same before the respondent authorities for reconstitution of the partnership deed and accordingly the petitioner's name was deleted and the name of respondent nos.5 to 7 were incorporated in the said reconstitution deed. The
learned counsel would
‘RC'J .W(P.!Nb.33558 of2022 further submit that respondent no.8 filed a civil suit against the petitioner for permanent injunction and pursuant to the summons received of the said suit, the petitioner realized the fraud and immediately submitted written complaints before the respondent authorities dated 28.01.2019, 05.03.2019 and 10.06.2019 bringing it to their notice about the forged and fabricated documents and in response, the respondent no.4 though issued notices dated 18.11.2020, 15.12.2020 and 19.01.2021 intimating the date of hearing and accordingly the petitioner appeared before respondent no.4. However, for the reasons best known, the respondent no.4 is not concluding the enquiry. The
learned counsel for the petitioner would submit that it would suffice for the time being if a direction is given to respondent no.4 to conclude enquiry by fixing a time frame. Accordingly, prayed to allow the writ petition. 4. Despite service of notices, the respondent nos.5 to 8 did not choose either to appear or put of their appearance through a counsel and hence they were set ex parte. 5. The notices placed on record said to have been issued by respondent no.4 would indicate that pursuant to the complaint made by the petitioner regarding M/s. Ravichandra Mining Company; the petitioner, respondent nos.5 to 7 and 8 were asked to attend the office on the date fixed therein along with documents and as many as three such notices were issued. The
.^(PMo.33558 of2022 grievance of the petitioner is that though he was attending the office of respondent no.4 as and when notices were issued to him, the respondent no.4 is not concluding the enquiry. The specific request made by learned counsel for the petitioner is to direct respondent no.4 to conclude enquiry within a specific time period and intimate the outcome of the enquiry to the petitioner. The request so made by the learned counsel is innocuous. As stated supra, respondent nos.5 to 8 did not put up their appearance. 6. In the above view of the matter, since the relief sought is innocuous and as the respondent nos.5 to 8 did not appear despite service of notice, this writ petition is disposed of, directing respondent no.4 to conclude the enquiry, duly intimating the petitioner and respondent nos. 5 to 8 the date fixed for hearing by issuing a notice, affording them an opportunity to submit documents and explanation/written statements, if any, and also affording them an opportunity of hearing. The entire exercise shall be completed within a period of three (03) months from the date of receipt of copy of this order. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, Amaravathi, Guntur District. Revenue Secretariat, Velagapudi,
2. The District Collector, Tirupati District erstwhile SPSR Nellore District
3. The District Registrar, Registration and Stamps, Nellore. 4. The Registrar of Firms, Nellore, SPSR Nellore District.[BY RPAD]
5. One CC to SRI G VENKATESWARLU Advocate [OPUC]
6.
Two CCs to GP FOR REGISTRATION AND STAMPS (AP), High Court of Andhra Pradesh [OUT]
7. Three CD Copies gsg
HIGH COURT DATED: 03/02/2025
ORDER WP.No.33558 of 2022 g II MAR 2025 » Current Section . ^£f;SPATC\A^<^ DISPOSING THE WP WITHOUT COSTS