IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) y THURSDAY, THE THIRTIETH DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 39147 OF 2022 Between: M Murali Krishna, S/o M. Srinavasulu, Aged about 53 years, Occ. Business, R/o H.No. 10-12-423, Kotakommala Street, Tirupati, Chittoor District-517501. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary. Stamps and Registration Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Inspector General of Stamps and Registration, Velagapudi, Amaravathi, Andhra Pradesh. 3. The District Collector, Tirupati District, (Erstwhile Chittoor District). 4. The Tahsildar, Mandal Revenue Office (Urban), Tirupati, Tirupati District. 5. The District Registrar, Baiaji Registration District, Tirupati. 6. The Joint Registrar, O/o Registration, Tirupati Urban, Baiaji Registration District, Tirupati. ...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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 6‘^ respondent in not receiving and registering the document presented by the petitioner for execution of sale deed in respect of petitioner's schedule property situated % in Plot No. 48 admeasuring to an extent of 239.20 Sq. yards in Sy.No.74/7 • of Industrial Park, Auto Nagar, Akkarampalik Village, Tirupati Urban Mandal, pursuant to the directions of 3'"' respondent listing the petitioner's schedule property in Prohibitory Properties List Under Section 22(A) (1) of the Registration Act, 1908 without any enquiry is as illegal, arbitraty and unconstitutional, contrary to the provisions of the Stamps and Registration Act, 1908, being violation of Articles 14 and 300-A of the Constitution of India consequently direct the 6th respondents to receive and register the document presented by the petitioner for execution of safe deed in respect of petitioners schedule property situated in Plot No. 48 admeasuring to an extent of 239.20 Sq. yards in Sy. No. 74/7 of Industrial Park, Auto Nagar, Akkarampalli Village, Tirupati Urban Mandal, Chittoor. lA NO: 1 OF 2022 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 respondent to receive and register the document presented by the petitioner for execution of sale deed in respect of petitioner's schedule property situated in Plot No. 48 admeasuring to an extent of 239.20 Sq. yards in Sy. No. 74/7 of Industrial Park, Auto Nagar Akkarampalli Village, Tirupati Urban Mandal, Chittoor District pending disposal of the above writ petition. lA NO: 1 OF 2023 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 grant leave to the petitioner herein /respondent No.3 in the writ petition No.39147 of 2022 to file the counter affidavit in the above writ petition. % 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 grant leave to the petitioners herein/Respondents No.6 in the WP.No.39147 of 2022 to file counter affidavit in the above Writ Petition. Counsel for the Petitioner: SRI RAGHAVAN K THALAPAKA Counsel for the Respondents: GP FOR REVENUE AND GP FOR REGISTRATION AND STAMPS The Court made the following order: 'V . '.W<P.?io.39147 of2022 1 APHC010655852022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] % THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 39147/2022 Between: ...PETITIONER M Mural! Krishna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. RAGHAVAN K THALAPAKA Counsel for the Respondent(S): 1.GPFOR REVENUE 2.GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: ORDER: The grievance of the petitioner is that the 6^^ respondent is not receiving, processing and registering the documents presented by him in respect of the property situated in Plot No.48, admeasuring an extent of '.W(PMo.39147 of2022 239.20 square yards in Survey No.74/7 of Industrial Park, Akkarampalli village, TIrupatl Urban Mandal, on the ground that the office of respondent no.3 included the property in prohibited properties list under Section 22(A)(1) of the Registration Act vide vide ROC NO.F7/4495/2013, dated 20.10.2018. Auto Nagar, proceedings of respondent no.3 2. Heard Sri Raghavan K Thalapaka, learned counsel for petitioner and the learned Assistant Government Pleader for Stamps & Registration. 3. Learned counsel for the petitioner while reiterating the the writ affidavit would submit that respondent no.3 without conducting any enquiry had included the property of the petitioner, which infact contents of was sold by a and therefore registering authorities in not receiving, processing the document for registration is arbitrary. Accordingly, prayed to allow the writ petition. part of government organization to different people long back inclusion of the property and denial of the 4. The learned Assistant Government Pleader, on instructions submitted that the petitioner did not produce any proof regarding submission of document for registration and in case the petitioner submits any document, the authorities would process the Registration Act and Rules made thereunder. same in accordance with the provisions of ^,3 .W(p.!3fo.39147of2022 3 4. In response, the learned counsel for the petitioner submitted that when the petitioner made an attempt to present document for registration, the authorities refused to receive the same, however the petitioner would I once again submit the document for registration. 5. Registering authority cannot refuse to receive document presented for Registration. If at all the Sub Registrar comes to a conclusion that the document presented for registration cannot be registered, he shall make an order of refusal by recording his reasons for such order under Section 71 of the Registration Act, which is appealable under Section 72 of the Act. 6. As rightly contended by the learned Assistant Government Pleader material whatsoever was placed on record to show that the petitioners made an attempt to present the document for registration and its oral refusal by the authorities. no 7. In the above view of the matter, this Court is inclined to dispose of the writ petition granting liberty to the petitioner to present the document for registration with a direction to the authorities to process the said document in accordance with the provisions of the Registration Act. 8. Accordingly, this writ petition is disposed of, directing the Registering authority to receive and process the documents in accordance with the ‘.W(PMo.39147of2022 ^ 4 provisions of the Registration Act & Stamp Act and i authority comes to the conclusion that the document registered, a reasoned order as required under section 71 of the Act, 1908 shall be passed. There shall be no order as to costs. case the registering so presented cannot be in Registration As sequel thereto, miscellaneous petition, if any, pending shall stand closed. Interim orders, if any, shall stand vacated. SD/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTfON OFFICER To, 1. The Principal Secretary. Stamps and Registration Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi Guntur District. 2. The Commissioner and Inspector General of Stamps and Registration Velagapudi, Amaravathi, Andhra Pradesh. 3. The District Collector, Tirupati District, (Erstwhile Chittoor District). 4. The Tahsildar, Mandal Revenue Office (Urban), Tirupati, Tirupati District. 5. The District Registrar, Baiaji Registration District, Tirupati. 6. The Joint Registrar, O/o Registration, Tirupati Urban, Baiaji Registration District, Tirupati. 7. One CC to Sri Raghavan K Thalapaka, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT] Two CD Copies 10. RAM HIGH COURT DATED:30/01/2025 ^ 0 5 MAR JOTS a ^ ^ Currenl section SespKfcy&f^ ORDER WP.No.39147 of 2022 DISPOSING OF THE WP WITHOUT COSTS