Extracted from the PDF above. The PDF is authoritative.
APHC010335812024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 17306/2024 Between:
1. M VENKATA SAINATH, S/O. SUBBA RAO, AGED ABOUT 29 YEARS, RESIDENT OF D.NO.9-889/4 JALAIAH COLONY, CHILAKALURIPET, PALANADU DISTRICT. ...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE REGISTRATION 1 DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT REGISTRAR, BAPATLA, BAPATLA DISTRICT
3. THE SUB REGISTRAR, ADDANKI, BAPATLA DISTRICT. 4. THE AUTHORISED OFFICER, STATE BANK OF INDIA, STRESSED ASSETS AND RESOLUTION BRANCH(SARB), VISHAKAPATNAM. ...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 appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondents in registering the sale certificate datedi6.08.2023 issued with respect to an extent of Ac.
1.49 cents situated in D.No.6-51 (Sy.No.704-A), Ac.1.02 1/2 cents situated in D.No.6-51 (Sy.No.703-A), Ac.0.74 1/2 cents situated in D.No.6-51 (Sy.No.704/A) and Ac.2.38 1/2 cents situated in D.No.6-51 -2- W.P. No.17306 OF 2024 Date of order:02.12.2025 (Sy.No.704/A) with rice mill and other improvements thereon over the said property of Medarametla village, Korisapdu Mandal, Bapatla District issued by the 4th respondent as illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice, in violation of Articles 300-A of the Constitution of India and contrary to the orders passed by this Honourable Court in W.P.No.15400 of 2018 dated 24.01.2020 and consequently direct the 3rd Respondent receive the sale certificate dated 16.08.2023 issued by the 4th Respondent in favour of the Petitioner and register the same as per the value shown in the sale certificate as market value for determination of stamp duty and release the document and pass 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 pleased to direct the 3 rd Respondent forthwith to receive the sale certificate dated 16.08.2023 issued by the 4 th respondent and to register the same in favour of the petitioner for the value as mentioned in the sale certificate pending disposal of the Writ Petition and pass IA NO: 2 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 permit the Petitioner to amend the main prayer Main Praver For the reasons stated above It is prayed that this Hon’ble Court may be pleased to issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondents in registering the sale certificate datedi 1-11-2024 issued with respect to an extent of Ac.1.49 cents situated in D.No.6-51 (Sy.No.704-A), Ac.1.02 % cents situated in D.No.6-51 {Sy.No.703-A), Ac.0.74 Vi cents situated in D.No.6-51 (Sy.No.704/A) and Ac.2.38 Vz cents situated in D.No.6-51 {Sy.No.704/A) with rice mill and other improvements thereon over the said property of Medarametia village, Korisapdu Mandal, Baptia District (Previously Prakasam District issued by the 4*^ respondent as illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice, in violation of Articles 300-A of ttie Constitution of India and
contrary ot the orders passed by this Hon’bte Court in W.P.No.15400 of 2018 dated.24.01.2020 and consequently direct the 3’’^ Respondent receive the sale certificate date 11 - 11-2024 issued by the 4*^ Respondent in favour of the Petitioner and register the same as per the value shown in the sale certificate as market value for -3- W.P. No.17306 OF 2024 Date of order:02.12.2025 determination of stamp duty and release the document and pass such Other
order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. In stead of For the reasons stated above It is prayed that this Hon’ble Court may be pleased to issue an appropriate Writ or
Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondents in registering the sale certificate dated16.08.2023 issued with respect to an extent of Ac.1.49 cents situated in D.No.6-51 (Sy.No.704-A), Ac.1.02 % cento situated in D.No.6-51 (Sy.No.703- A), Ac.0.74 Vz cents situated in D.No.6-51 (Sy.No.704/A) and Ac.2.38 Vz cento situated in D.No.6-51 (Sy.No.704/A) with rice mill and other improvements thereon over the said property of Medarametia village, Korisapdu Mandal, Bapatia District issued by the 4'*’ respondent as illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice, In violation of Articles 300-A of the Constitution of India and contrary to the orders passed by this Hon’ble Court in W.P.No.15400 of 2018 dated 24.01.2020 and consequently direct the 3^^ Respondent receive the sale certificate dated 16.08.2023 issued by the 4'^ Respondent in favour of the Petitioner and register the same as per the value shown in the sale certificate as market value for determination of stamp duty and release the document and pass IA NO: 3 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 3rd respondent forthwith to receive the sale certificate dated 11-11-2024 issued by the 4th respondent and to register the same in favour of the petitioner for the value as mentioned in the sale certificate pending disposal of the writ petition and pass such other order of orders as this Honble court may deem fir and proper in the circumstances of the case Instead of for the reasons stated above, it is prayed that this Honble court may be pleased to direct the 3rd respondent forthwith to receive the sale certificate dated 16.08.2023 issued by the 4th respondent and to register the same in favour of the petitioner for the value as mentioned in the sale certificate pending disposal of the Writ Petition and pass IA NO: 4 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
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pleased to receive the reply affidavit on record by allowing the leave petition in the writ petition No.17306/2024 in the interest of justice and pass Counsel for the Petitioner:
1.
BOMMINAYUNI APPARAO Counsel for the Respondent(S):
1. S SATYANARAYANA MOORTHY
2. GP FOR REGISTRATION AND STAMPS The Court made the following:
-5- W.P. No.17306 OF 2024 Date of order:02.12.2025
THE HON’BLE SRI JUSTICE D RAMESH WRIT PETITION NO:17306 OF 2024
ORDER:
1. The present writ petition is filed for the following relief:
“…to issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondents in registering the sale certificate dated 16.08.2023 issued with respect to an extent of Ac.1.49 cents situated in D.No.6-51 (Sy.No.704-A), Ac.1.02 1/2 cents situated in D.No.6-51 (Sy.No.703-A), Ac.0.74 1/2 cents situated in D.No.6-51 (Sy.No.704/A) and Ac.2.38 1/2 cents situated in D.No.6-51 (Sy.No.704/A) with rice mill and other improvements thereon over the said property of Medarametla village, Korisapdu Mandal, Bapatla District issued by the 4th respondent as illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice, in violation of Articles 300-A of the Constitution of India and contrary to the orders passed by this Honourable Court in W.P.No.15400 of 2018 dated 24.01.2020 and consequently direct the 3rd Respondent receive the sale certificate dated 16.08.2023 issued by the 4th Respondent in favour of the Petitioner and register the same as per the value shown in the sale certificate as market value for determination of stamp duty and release the document and pass such other
order…”
2. The learned counsel for the petitioner submits that the petitioner is the auction purchaser and accordingly, the 4th respondent has issued a sale certificate in favour of the petitioner. However, the petitioner is unable to get register the same. The learned counsel further submits that an identical issue has already been decided by this Court in W.P. No.15400 of 2018 and the said order was subsequently confirmed by
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the Hon'ble Division Bench. However, the respondents are not considering the documents submitted by the petitioner.
3. Though the respondents have filed counter denying the submission of the documents by the petitioner, the matter requires no adjudication on merits since the identical issue was already decided by a Coordinate Bench of this Court in W.P. No.15400 of 2018.
4. In the circumstances, without going into the merits of the issue, the 4th respondent is directed to consider the documents, including the sale certificate, if any submitted by the petitioner, and to pass appropriate orders under Section 71 of the Registration Act, 1908 within a period of one month from the date of submission of such documents.
5. Accordingly, the writ petition is disposed of.
6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH BV