APHC010702092022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 41492 OF 2022 Between: 1. M/s. Sri Ganesh Sai Granites And Minerals, A Registered partnership firm having its office at D.No.49-54-4/67, Flat No.302, Paradise, Balaiah Sastri Layout, Vysakhi R.K.Nagar, Seethammadara, Visakhapatnam, Rep by its Managing Partner Ch. Srinivasa Rao, S/o. Late Nageswara Rao. 2. Ch. Srinivasa Rao, S/o. Late Nageswara Rao, Aged about 47 years, Occ Business, R/o. Flat No. 204, Om Vigneswara Apartments, D.No. 1-880/1 to 60, Yendada, Visakhapatnam. ...PETITIONERS AND 1. The State of Andhra Pradesh, Stamps and Registration Department, Rep. by its Principal Secretary, Secretariat at Velagapudi, Amaravathi. 2. The Commissioner and Inspector General, Stamps and Registration Department, Edupugallu, Vijayawada. 3. The Registrar of Firms, Stamps and Registration Department, Visakhapatnam. 4. M. S. Gopala Krishna Murthy, Registrar of Firms and District Registrar, Visakhapatnam. 5. Sri Kurumaddala Ramana Rao, S/o. K.V.Punnaiah, Aged about 62 years, R/o. Flat No. 302, Vaisakhi paradise, B.S.Layout, Seethammadhara, Visakhapatnam. 6. Smt. Kurumaddala Subbalakshmi, W/o. K. Ramana Rao, Aged about 60 years, R/o. Flat No. 302, Vaisakhi paradise, B.S.Layout, Seethammadhara, Visakhapatnam. 7. Boppana Ravinder, S/o. Late. B. Narasimha Murthy, Aged about 62 years, R/o. 64-4-17/2, Flat No.303, Sahasrasri Enclave, Ashok Nagar, Kakinada-33. 8. Erramelli Pardha Saradhi, S/o. E. Rama Krishna Rao, Aged about 53 years, R/o. D.No. 50-40-1, Flat No.SI, Sri Lakshmi Narayana residency, P and T Colony, Seethammadhara, Visakhapatnam.., 9. Vemuri Ravi, S/o. V. Venkateswara Rao, Aged about 68 years, R/o.13- 1-239/1/502, Mahalakshmi Sree Nilayam, Moti Nagar, Hyderabad-8|. 10. Shaik Munvar, S/o. Late. Shaik Madeen, Aged about 53 years, R/o. Flat No. 301, City paradise Apartment-1, Beside Kinnera Theatre, Maddilapalem, Visakhapatnam. 11. Mamidipalli Vara Trinadha Ramana Murthy, S/o. Gopala Krishna Murthy, aged about 44 years, R/o. D.No. 49-54-4/67, Flat No.302, Vaisakhi paradise, B.S.Layout, Seethammadhara, Visakhapatnam. 12. Smt Cherukuri Madhulatha, W/o late Cherukori Gangadhara Rao, Aged about 40 years, R/o Dr. No. 2-15-43/3, Sector-9, MVP Colony, Visakhapatnam -17 ...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 appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the order of the 3'^'^ respondent dated 12.12.2022 made in Memo. No. C.No.G3/1774/2022 and assigning more reasons in the orders communicated to other authorities than that of the impugned order, as arbitrary, illegal, unjust, colourable exercise of power, favouritism shown by public servant, discriminatory, contrary to the order of this Hon'ble Court, exceeding the power under the Indian Partnership Act, 1932, violative of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and further direct any competent officer to follow the due process and take appropriate decision. 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 suspend the operation of order passed by the 3"'^ respondent dated 12.12.2022 in Memo No. C.No. G3/1774/2022, pending disposal of above writ petition. lA NO: 1 OF 2023 Between: Sri Kurumaddala Ramana Rao, S/o. K.V.Punnaiah, Aged about 62 B.S.Layout, 1. R/o. Flat No. 302, Vaisakhi paradise. years, Seethammadhara, Visakhapatnam. 2. Smt. Kurumaddala Subbalakshmi, W/o. K. Ramana Rao, Aged about Flat No. 302, Vaisakhi paradise, B.S.Layout, 60 years, R/o. Seethammadhara,Visakhapatnam. 3. Boppana Ravinder, S/o. Late. B. Narasimha Murthy, Aged about 62 years, R/o. 64-4-17/2, Flat No.303, Sahasrasri Enclave, Ashok Nagar, Kakinada-33. 4. Erramelli Pardha Saradhi, S/o. E. Rama Krishna Rao, Aged about 53 Flat No.SI, Sri Lakshmi Narayana R/o. D.No. 50-40-1 years residency, P and T Colony, Seethammadhara, Visakhapatnam. 5. Vemuri Ravi, S/o. V. Venkateswara Rao, Aged about 68 years, R/o. 13- 1-239/1/502, Mahalakshmi Sree Nilayam, Moti Nagar, Hyderabad-8. 6. Shaik Munvar, S/o. Late. Shaik Madeen, Aged about 53 years, R/o. Flat No. 301, City paradise Apartment-1, Beside Kinnera Theatre, Maddilapalem, Visakhapatnam., - 7. Mamidipalli Vara Trinadha Ramana Murthy, S/o. Gopala Krishna Murthy, aged about 44 years, R/o. D.No. 49-54-4/67, Flat No.302, Vaisakhi paradise, B.S.Layout, Seethammadhara, Visakhapatnam. 8. Smt Cherukuri Madhulatha, W/o late Cherukori Gangadhara Rao, Aged about 40 years, R/o Dr. No. 2-15-43/3, Sector-9, MVP Colony, Visakhapatnam -17 ...PETITIONERS/RESPONDENTS 5 to 12 AND 1. M/s. Sri Ganesh Sai Granites And Minerals, A Registered partnership Vysakhi firm having its office at D.No.49-54-4/67, Flat No.302 R.K.Nagar, Seethammadara, Paradise, Balaiah Sastri Layout Visakhapatnam, Rep by its Managing Partner Ch. Srinivasa Rao, S/o. Late Nageswara Rao. 2. Ch. Srinivasa Rao, S/o. Late Nageswara Rao, Aged about 47 years, Occ Business, R/o. Flat No. 204, Cm Vigneswara Apartments, D.No. 1-880/1 to 60, Yendada, Visakhapatnam. ...WRIT PETITIONERS 3. The State of Andhra Pradesh, Stamps and Registration Department, Rep. by its Principal Secretary, Secretariat at Velagapudi, Amaravathi. 4. The Commissioner and Inspector General, Stamps and Registration Department, Edupugallu, Vijayawada. 5. The Registrar of Firms, Stamps and Registration Department, Visakhapatnam. 6. M. S. Gopala Krishna Murthy, Registrar of Firms and District Registrar, Visakhapatnam. ...RESPONDENTS/ RESPONDENTS 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 vacate the order dated 23-12-2022 in WP.No. 41492 of 2020 in the interest of justice lA NO: 2 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 maybe pleased to reject the counter affidavit and dismiss the vacate petition in lA No. 1 of 2023 in WP No. 41492/2022 as not maintainable pending disposal of the above writ. Counsel for the Petitioners: SRI C. V. R. RUDRA PRASAD Counsel for the Respondent Nos.1 to 3: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.4:SRI GINJUPALLI SUBBA RAO Counsel for the Respondent No.5:SRI G. RAMA GOPAL Counsel for the Respondent Nos.6 to 12;— The Court made the following order: APHC010702092022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 41492/2022 Between: 1.M/S. SRI GANESH SAI GRANITES AND MINERALS, A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT D.NO.49-54-4/67, FLAT NO.302, VYSAKHI PARADISE, BALAIAH SASTRI LAYOUT, R.K.NAGAR, SEETHAMMADARA, VISAKHAPATNAM, REP BY ITS MANAGING PARTNER NAGESWARA RAO. KHAPATNAM. CH. SRINIVASA RAO, S/0. LATE 2. OH. SRINIVASA RAO,, S/0. LATE NAGESWARA RAO, AGED ABOUT 47 YEARS, OCC BUSINESS, R/0. FLAT NO. 204, OM VIGNESWARA APARTMENTS, D.NO. 1-880/1 TO 60, YENDADA, VISA ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, STAMPS AND REGISTRATION DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT AT VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER AND INSPECTOR GENERAL, STAMPS AND REGISTRATION DEPARTMENT, EDUPUGALLU, VIJAYAWADA. 3. THE REGISTRAR OF FIRMS, STAMPS AND REGISTRATION DEPARTMENT, VISAKHAPATNAM. 4. M S GOPALA KRISHNA MURTHY, REGISTRAR OF FIRMS AND DISTRICT REGISTRAR, VISAKHAPATNAM. 5. SRI KURUMADDALA RAMANA RAO, S/O. K.V.PUNNAIAH, AGED ABOUT 62 YEARS, R/O. FLAT NO. 302, VAISAKHI PARADISE, 2 HBKM,J W.P.No.41492of2022 B.S.LAYOUT, SEETHAMMADHARA, VISAKHAPATNAM. 6 SMT KURUMADDALA SUBBALAKSHMI, W/0. K. RAMANA RAO, AGED ABOUT 60 YEARS, R/O. FLAT NO. 302, VAISAKHI PARADISE, B.S.LAYOUT, SEETHAMMADHARA, VISAKHAPATNAM. 7. BOPPANA RAVINDER, S/0. LATE. B. NARASIMHA MURTHY, R/O. 64-4-17/2, FLAT NO.303, AGED ABOUT 62 YEARS SAHASRASRI ENCLAVE, ASHOK NAGAR, KAKINADA-33. 8. ERRAMELLI PARDHA SARADHI, S/0. E. RAMA KRISHNA RAO, AGED ABOUT 53 YEARS, R/O. D.NO. 50-40-1, FLAT NO.SI, SRI LAKSHMI NARAYANA RESIDENCY, P SEETHAMMADHARA, VISAKHAPATNAM. AND T COLONY, 9 VEMURI RAVI, S/0. V. VENKATESWARA RAO, AGED ABOUT 68 MAHALAKSHMI SREE NILAYAM, YEARS, R/O. 13-1-239/1/502, MOTI NAGAR, HYDERABAD-8. 10.SHAIK MUNVAR, S/0. LATE. SHAIK MADEEN, AGED ABOUT 53 YEARS, R/O. FLAT NO. 301, CITY PARADISE APARTMENT-1, BESIDE KINNERA THEATRE, MADDILAPALEM, VISAKHAPATNAM. 11.MAMIDIPALLI VARA TRINADHA RAMANA MURTHY, S/0. GOPALA KRISHNA MURTHY, AGED ABOUT 44 YEARS, R/O. D.NO. 49-54- PARADISE, B.S.LAYOUT, 4/67, FLAT NO.302, VAISAKHI SEETHAMMADHARA, VISAKHAPATNAM. 12. SMT CHERUKURI MADHULATHA, W/0 LATE CHERUKORI GANGADHARA RAO, AGED ABOUT 40 YEARS, R/O DR. NO. 2-15- 43/3, SECTOR-9, MVP COLONY, VISAKHAPATNAM -17 ...RESPONDENT(S); Counsel for the Petitioner(S); 1.C V R RUDRA PRASAD 3 HBKM,J W.P.No.41492 of 2022 Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS (AP) 2.GINJUPALLI SUBBA RAO 3.G RAMA GOPAL 4 HBKMJ W.P.No.41492of2022 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 3 and the learned counsel appearing for the respondent Nos.5 to 12. The 4*^ respondent is made as eo-nomine party, who is officiating the 3^^ respondent’s office. This writ petition was filed questioning the memo of the 3'^ respondent 2. dated 12.12.2022 observing that “the Reconstitution Deed dated 01.01.2016 could not be recognized as genuine and hence the entry made in the Register of Firms basing on the said Reconstitution deed is treated as null and void”. 3. The learned counsel for the petitioners submits that in the earlier round of litigation, this Hon’ble Court passed a common order in W.P.Nos.4565 of 2019, 4971 of 2021 & 15614 of 2022, dated 25.08.2022 and the operative portion of the same is as under: For all the aforesaid reasons, these writ petitions are disposed of with a direction to the Registrar of Firms, Visakhapatnam, which is arrayed as the 2nd respondent in W.P.No.4565 of 2019, to conduct an enquiry, under Section 64 of the Indian Partnership Act, 1932, read with Rules 9 & 10 of the A.P. Partnership (Registration of Firms) Rules, 1951, after due opportunity and hearing being given to all the affected parties, within a period of three months from the date of receipt of a copy of this order. Needless to say, it would be open to the aggrieved party, to take further recourse to law against any decision taken by the Registrar of Firms. 23. 24. The proceedings, before the Assistant Director of Mines and Geology, Vizianagaram, bearing No.878/Q/2019 dated 13.04.2022, shall 5 I HBKM,J W.P.No.41492of2022 S be kept in abeyance till a decision Is taken by the Registrar of Firms. Thereafter, it would be open to the authorities of the Mines and Geology department to continue with the proceedings Initiated under the aforesaid show cause notice, after giving due opportunity of hearing to the person, who is found to be the Managing Partner of the Firm. There shall be no order as to costs. /\s a sequel, pending miscellaneous petitions, if any, shall stand closed. The learned counsel for the petitioners submits that in pursuance of the above said directions of this Hon’ble Court, initially the 3'"'^ respondent issued a notice fixing the date of enquiry as 04.11.2022 at 11:00 AM in his office. On that day the 2""^ petitioner appeared, but others have not turned up. Whereas, in the enquiry said to have been conducted on 05.12.2022, the 2"*^ petitioner could not be present, as it was not intimated to him. But the reading of the impugned memo of the respondent dated 12.12.2022 shows that out of 9 partners 8 have been appeared and stated that they have not executed the 4. rd In the above said enquiry of the 3 Reconstitution deed dated 01.01.2016. respondent as required under law, even in the presence of all the parties concerned the 3^^ respondent cannot enquire the other partners in the absence of the 2'^^ petitioner herein and he cannot elicit information from one particular partner in the absence of others and had it been in the presence of all the parties concerned, it would have been more appropriate for the purpose of fair enquiry. On the other hand, the learned counsel appearing for the respondent Nos.5 to 12 submits that the 1®* petitioner’s firm was initially registered with 9 5. 6 % HBKMJ W.P.No.41492of2022 partners on 07.05.2015 and in the course of time, the 2"" petitioner forged the Reconstitution deed dated 01.01.2016 and when it was registered by the 3 respondent dated 12.09.2018, the same was objected by the unofficial respondents. Inspite of the objection raised by the objectors/other partners as the said Reconstitution deed was registered through online by the 3 respondent, the above said writ petitions were filed by the aggrieved partners. rd rd 6. In view of the above said facts and circumstances, the fact remains that pursuant to the above said directions of this Court dated 25.08.2022, the 3'^^ respondent undertook the enquiry issuing the initial notice dated 04.11.2022 at 11:00 AM. There was no dispute with regard to the appearance of the 2"^ petitioner on that day before the said authority concerned. It appears as per the impugned memo dated 12.12.2022, the enquiry was also conducted 05.12.2022, in which, the other partners as detailed therein appeared and submitted their case. The only grievance of the 2'^'^ petitioner herein is that, he was not aware of the said enquiry dated 05.12.2022 and he had no opportunity to hear the contention of the other partners. on 7. For the above said reasons, this Court deems it fit to give one opportunity to all the partners concerned including the petitioners and the unofficial respondent Nos.5 to 12 to appear before the 3'^^ respondent pursuant to the above said directions of this Court dated 25.08.2022 to hold the enquiry by the 3'^'^ respondent strictly in accordance with law in fair manner, giving due opportunity to all the parties concerned to appear on the more 7 HBKM,J W.P.No.41492 of2022 said date of enquiry that may be fixed by the authorities of this Court soon after the receipt of this order. pursuant to the orders The said next date of hearing shall be fixed by the 3'“ respondent informing ali the parties concerned and the enquiry shall be completed as expeditiously as possible preferably within a receipt of this order. For the concerned/all the parties For the purpose of conducting the above said enquiry, the impugned memo of the 3^'' respondent dated 12.12.2022 is hereby set aside. period of four (04) weeks from the date of purpose of completion of the enquiry, all the partners concerned shall cooperate with the said authority. 8. Accordingly, this Writ Petition is disposed of. There shall be to costs. Interim order, if any, deemed to have been no order as vacated. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd./- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Stamps and Registration Department, State of Andhra Pradesh, Secretariat at Velagapudi, Amaravathi. 2. The Commissioner and Inspector General, Stamps and Registration Department, Edupugallu, Vijayawada. 3. The Registrar of Firms, Stamps and Registration Department, Visakhapatnam. ; One CC to Sri C. V. R. Rudra Prasad, Advocate [OPUC] One CC to Sri Ginjupalli Subba Rao, Advocate [OPUC] One CC to Sri G. Rama Gopal, Advocate [OPUC] Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh [OUT] Two CD Copies. 4. 5. 6. 7. 8. ssb HIGH COURT 4 \ DATED:04/08/2025 ORDER WP No.41492 OF 2022 DISPOSING OF THE W.P. WITHOUT COSTS