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2025 DAILYLAW 36554 (AP)

SURE PURNACHANDRA RAO v. THE STATE OF AP

WP/31396/2024 · 2025-01-02

Gannamaneni Ramakrishna Prasad

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Judgment text

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\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL (Special Original Jurisdiction) THURSDAY .THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31396 OF 2024 Between: Sure Purnachandra Rao, S/o. Parvathulu, Aged 61, R/o. 26-50-12/1 Kanithi Road Chaitanya Nagar, Gajuwaka, Visakhapatnam. ...PETITIONER AND 1. The State Of Andhra Pradesh, Dept, of Registration and Stamps, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati. 2. The Commissioner and Inspector General of Stamps and Registration, Government of Andhra Pradesh, Vijayawada. 3. The District Registrar/Appellate Authority, Anakapalli, Anakapalli District. . 4. The Joint Sub-Registrar, Anakapalli, Anakapalli District. 5. The Mandal Revenue Officer, Kasimkota Mandal, Anakapalli District ...RESPONDENTS 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 to issue a writ order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent District Registrar Appellate Authority in not disposing of the appeal dated 20^ filed by the petitioner vide Pending (Appeal) No. 1 of 2024 29-01- pending before the 3rd respondent District Registrar/Appeilate Authority as the same is contrary to law, illegal, arbitrary, against the principles of natural justice and unjust and consequently direct the 3rd respondent to dispose off the appeal within a specified period of time lA NO: 1 OF 2024 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 To direct the 3'"' respondent Dist^ Registrar/Appellate Authority appeal daj^ 29-01-2024 filed by the petitioner vide Pending (Appeal) No. 1 of 2024 pending on the file of the 3rd respondent District Registrar/Appellate Authority pending disposal of the writ petition.^^ to dispose of the Counsel for the Petitioner(s): SRI. POSANI AKASH Counsel for the Respondent Nos.1 to 4: GP FOR REGISTRATION AND STAMPS Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following; ORDER [3328] APHC010598532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31396/2024 Between: 1.SURE PURNACHANDRA RAO, S/0. PARVATHULU, AGED 61, R/0. 26-50-12/1, KANITHI ROAD CHAITANYA NAGAR, GAJUWAKA, VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF AP, DEPT, OF REGISTRATION AND STAMPS, REP, BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, AMARAVATI. 2.THE COMMISSIONER AND INSPECTOR GENERAL OF STAMPS AND REGISTRATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA. SECRETARIAT BUILDINGS 3.THE DISTRICT REGISTRAR/APPELLATE AUTHORITY, ANAKAPALLI ANAKAPALLI DISTRICT. . 4.THE JOINT SUBREGISTRAR, ANAKAPALLI, ANAKAPALLI DISTRICT. 5.THE MANDAL REVENUE OFFICER, KASIMKOTA MANDAL, ANAKAPALLI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.POSANI AKASH 2 Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following ORAL ORDER; Heard Sri Posani Venkateswarlu,Learned Senior Counsel appearing on behalf of Sri Posani Akash, Learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration. 2. Sri Posani Venkateswarlu, Learned Senior Counsel appearing on behalf of Sri Posani Akash, Learned Counsel for the Writ Petitioner submits that the Joint Sub-Registrar (Respondent No.4) has passed an Order of Refusal dated 30.12.2023 (Ex.P.2) and that within the statutory limitation Appeal bearing Appeal No.1 of 2024 has been preferred before the District Registrar (Respondent No.3) dated 29.01.2024. an He would submit that, despite the fact that the statutory Appeal has been filed long time ago, there is inaction on the part of the Respondent No.3 in disposing of the said Appeal in accordance with law, within a reasonable time. 3. Having regard to the facts and circumstances of the case, and the dates on which the Refusal Order has been passed and an Appeal has been preferred on the Refusal Order vide Appeal No.1 of 2024, this Court is constrained to observe that there is certainly inordinate delay on the part of the Respondent No.3 in disposing of the Appeal in accordance with law. 4. In this view of the matter, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, with a direction to the Respondent No.3 to dispose of the Appeal bearing Appeal No.1 of 2024 within a period of six weeks from today in accordance with law and communicate such Final Order to the Writ Petitioner forthwith. Needless to state that the Respondent No.3 is statutorily obligated to adhere to the Principles of Natural Justice by issuing Advance Notice to the Writ Petitioner •• V 3 and any other interested parties (including the Vendor), consider the submissions/objections and documents, if any, before passing the Final Order. Writ Petitioner is directed to submit a copy of this Order along with the photocopy of the Appeal, vide Appeal No.1 of 2024 to the Respondent No.3 within a period of one week from today for effective compliance. S.With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6.Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// l- S^TtOlfOFFICER To 1. The Principal Secretary, Dept, of RegistratidrTand Stamps, Secretariat Buildings, Velagapudi, Amaravati. 2. The Commissioner and Inspector (jeneral of Stamps and Registration, Government of Andhra Pradesh, Vijayawada. 3. The District Registrar/Appellate Authority, Anakapalli, Anakapalli District.."’ ■ “ 4. The Joint Sub-Registrar, Anakapalli, Anakapalli District. 5. The Mandal Revenue Officer, Kasimkot^Mandal, Anakapalli District 6. One CC to Sri. Posani Akash, Advocate [OPUC] 7. Two CCs to GP For Registration And'^tamps ,High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT]. 9. Two CD Copies HIGH COURT DATED:02/01/2025 ORDER WP.No.31396 of 2024 I 17 JAN 2025 ^ . Current Section o Col DISPOSING OF THE WP WITHOUT COSTS