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2025 DAILYLAW 40536 (AP)

LACHU PATHNI PARAM NAIDU v. THE STATE OF AP

WP/33953/2025 · 2025-12-04

D Ramesh

body2025

Judgment text

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APHC010657022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33953/2025 Between: 1. LACHU PATHNI PARAM NAIDU, S/O. LATE SANGAM NAIDU, AGED ABOUT 73 YEARS, R/O. D. NO. 2-7-7, VETERNARY COLONY, OLD DAIRY FARM, POTHINAMALLAYYAPALEM, VISAKHAPATNAM -41, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND INSPECTOR GENERAL, STAMPS, AND REGISTRATION DEPARTMENT, V-SQUARE, K.S.R. PARK ROAD, WARD NO.2, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH - 522501. 3. THE DISTRICT REGISTRAR, STAMPS AND REGISTRATION DEPARTMENT, VISAKHAPATNAM DISTRICT. 4. THE JOINT SUBREGISTRAR, MADHURAWADA, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents especially Respondent No. 4 in not processing and registering the settlement deed submitted by the petitioner with respect to all that the site measuring an extent of Acre.1-15 Cents., i.e., 5566 Sq.yds., or 4653.732 Sq.mts., together with vacant site, situated at Devimetta Area, covered by Survey No. 155/3 of Kommdi Village, within the limits of Greater Visakhapatnam Municipal Corporation, in the registration jurisdiction of Madhurawada Joint Sub Registrar's Office, Visakhapatnam District is highly arbitrary, without jurisdiction, illegal and against the fundamental rights guaranteed under the constitution of India and against the Registration act and also against the principles of natural justice and consequently direct the Respondents especially Respondent No. 4 to receive, transmit and process the same for the registration and pass….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration appearing for the respondents 3. This Writ Petition is filed, aggrieved by the action of the Respondents especially Respondent No. 4 in not processing and registering the settlement deed submitted by the petitioner with respect to all that the site measuring an extent of Acre.1-15 Cents., i.e., 5566 Sq.yds., or 4653.732 Sq.mts., together with vacant site, situated at Devimetta Area, covered by Survey No. 155/3 of Kommdi Village, within the limits of Greater Visakhapatnam Municipal Corporation, in the registration jurisdiction of Madhurawada Joint Sub Registrar's Office, Visakhapatnam District. 4. During the course of hearing, learned counsel for the petitioner submits that the subject matter of the writ petition is squarely covered by the order of this Court dated 19.08.2015 passed in WP No.26437 of 2015. 5. Learned Government Pleader did not oppose the said submission. 6. Having regard to the facts and circumstances of the case and considering the submissions and in the light of the above order of this Court, the respondent Nos.3 and 4 are directed to receive and process the document presented by the petitioners pertaining to the subject property, if it is otherwise in compliance of the provisions of the Indian Registration Act, 1908. If the Sub Registrar refuses to register, he has to pass reasoned order as mandated under Section 71 of the Indian Registration Act, so as to enable the petitioner to prefer an appeal under Section 72 of the Indian Registration Act, 1908. 7. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the parties. No costs. Miscellaneous petitions pending if any, shall stand closed. ________________________ JUSTICE D. RAMESH 05.12.2025 klk THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.33953 of 2025 05.12.2025 kkllkk