APHC010191852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9730/2024 Between: 1. RITA SOLOMON, W/O. LATE OLIVER W.L. SOLOMON, AGED 71 YEARS, 11-904, ARAVINDA NAGAR, ANANTAPURAM TOWN AND DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, A.P. SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTAPURAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTAPURAM REVENUE DIVISION, ANANTAPURAM DISTRICT 4. THE TAHSILDAR, KUDAIR MANDAL ANANTAPURAM DISTRICT. 5. THE SUB REGISTRAR, ANANTAPUR RURAL, ANANTAPURAM DISTRICT. ...RESPONDENT(S): 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, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents particularly of the Respondent No. 4, in marking the petitioners land to an extent of Ac.6.61 cents in Sy.No.541/1, Ac.5.00 cents in Sy.No.541/2 and an extent of Ac.0.55cents in Sy.No.542 of Kammuru village, Kudair Mandal, Ananthapuram District as disputed land by marking it in Red Color in web land records and thereby prohibiting the registration of said land by the Respondent No. 5without 2 adhering to the due procedure as prescribed under Stamps and Registration Act, 1908 and A.P. Rules framed there under as illegal, arbitrary, and contrary to the provisions of the Stamps and Registration Act 1908 besides violative of Article 14, 21 and 300A of Constitution of India and consequently direct the Respondent No. 4 to remove the subject land from the dispute register and direct the Respondent No. 5 to receive, register and release the document presented by the petitioner in respect of the land to an extent of Ac. 6.61 cents in S. No. 541/1, Ac. 5.00 cents in S. No. 541/2 and an extent of Ac. 0.55 cents in S. No. 542 of Kammuru village, Kudair Mandal, Ananthapuram District and pass such IA 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 may be pleased to direct the Respondent No. 5 to receive, register and release the document presented by the petitioner in respect of the land to an extent of Ac.6.61 cents in S. No. 541/1, Ac. 5.00 cents in S. No. 541/2 and an extent of Ac.0.55cents in Sy.No.542 of Kammuru village, Kudair Mandal, Ananthapuram District pending disposal of the above main writ petition and pass such IA NO: 1 OF 2025 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 pleased to grant leave to the Petitioner herein/ Respondent No.4 in the W.P.No. 9730 of 2024 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1. S VARADARAJULU CHETTY Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the respondents particularly of the Respondent No. 4, in marking the petitioners land to an extent of Ac.6.61 cents in Sy.No.541/1, Ac.5.00 cents in Sy.No.541/2 and an extent of Ac.0.55cents in Sy.No.542 of Kammuru village, Kudair Mandal, Ananthapuram District as disputed land by marking it in Red Color in web land records and thereby prohibiting the registration of said land by the Respondent No.5 without adhering to the due procedure as prescribed under Stamps and Registration Act, 1908 and A.P.Rules framed there under as illegal, arbitrary, and contrary to the provisions of the Stamps and Registration Act 1908 besides violative of Article 14, 21 and 300A of Constitution of India and consequently direct the Respondent No. 4 to remove the subject land from the dispute register and direct the Respondent No. 5 to receive, register and release the document presented by the petitioner in respect of the subject property and pass such….” 2. Heard Sri S.Varadarajulu, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. Learned counsel for the petitioner contended that the inclusion of the properties under disputed register is not in accordance with the circular issued by the CCLA on 19.3.2024 or under Section 8(2) and Rule 32 of the Stamps and Registration Act, 1908. In fact an identical issue was considered by the Division Bench of this Court in W.A.No.817 of 2024 in between Medarametla Venkata Sesha Reddy vs. State of A.P. and others1 wherein it is held that the authorities have no power to include the subject property under disputed register. Accordingly, the 1 W.A.No.817 of 2024 4 inclusion of the subject properties of the petitioner is in contrary to the observations made by the Division Bench of this Court as well as the circular issued by CCLA on 19.3.2024. 4. Though counter was filed by the respondent no.4, but with regard to circular of CCLA nothing was mentioned. 5. Considering the said submissions and on perusal of the record, the respondent authorities are directed to delete the subject properties from the Disputed Register. Consequently, directing the Sub-Registrar not to reject the documents, if any, submitted pertaining to the subject property, stating that they are in disputed register. It is needless to mention here that if any orders are passed by any competent civil Court or by the Appellate Authority or the Revisional Authority, then only the properties should be placed under the disputed register. 6. With the above observations, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 22.12.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.9730 of 2024 22.12.2025 RD