APHC010568382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29432/2025 Between: 1. NAGINENI VENKATA RAMANA @ RAMANAIAH, S/O. VENKATA RAMAIAH, AGED ABOUT 56 YEARS, OCC AGRICULTURE, R/O. D. NO. 8/160, DOWLATHAPURAM VILLAGE, CHENNURU MANDAL, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, Y.S.R. KADAPA DISTRICT, KADAPA, ANDHRA PRADESH. 3. THE INSPECTOR GENERAL OF REGISTRATION AND STAMPS REGISTRATION AND STAMPS DEPARTMENT, TADEPALLI, GUNTUR DISTRICT, ANDRA PRADESH. 4. THE DISTRICT REGISTRAR, STAMPS AND REGISTRATION DEPARTMENT, Y.S.R. KADAPA DISTRICT, KADAPA, ANDHRA PRADESH. 5. THE SUBREGISTRAR, ITI KADAPA RURAL SUB REGISTRAR OFFICE, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH. 6. THE TAHSILDAR, CHENNUR MANDAL, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH. ...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 tomay be pleased to issue a writ, order, or direction more particularly one in the Nature of Writ of Mandamus, declaring the high handed acts, things and deeds of the respondents more particularly respondent no. 3 authorities without jurisdiction, without following due process of law and interfering into the petitioners possession and enjoyment of residential site property without issued any notice to the petitioners in house plot nos. 4 part, 5 part and 6 part an extent of 133.3 Sq. Yards and an extent of 200 Sq. yards in Survey No. 477/B and present revenue sub-division survey no. 477/PI an extent of Acs. 1.25 cents at Residential Area No. 36, Tiruchanuru Village Accounts, Tiruchanuru Village Panchayat, Tirupati Rural Mandal, Tirupati District, Andhra Pradesh is illegal, unjust, arbitrary and violation of Article 14, 19, 21 and 300-A of the Constitution of India and violation of Principles of Natural Justice and violation of A.P. Rights in Land and Pattadhar Pass Books Rules, 1989 and consequently direct the respondent nos. 2 and 3 and their authorities not to interfere in the petitioners subject properties in house plot nos. 4 part, 5 part and 6 part an extent of 133.3 Sq. Yards and an extent of 200 Sq. yards in Survey No. 477/B and present revenue sub-division survey no. 477/PI an extent of Acs. 1.25 cents at Residential Area No. 36, Tiruchanuru Village Accounts, Tiruchanuru Village Panchayat, Tirupati Rural Mandal, Tirupati District, Andhra Pradesh without following due process of law 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 may be pleased to direct the respondent no. 5 to receive the petitioner gift deed dated 07.08.2025 and register the same and release the document as per the provisions of the Registration Act, 1908 and pass such Counsel for the Petitioner: 1. CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29432 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue a writ, order, or direction more particularly one in the Nature of Writ of Mandamus, declaring the high handed acts, things and deeds of the respondents more particularly respondent no. 3 authorities without jurisdiction, without following due process of law and interfering into the petitioners possession and enjoyment of residential site property without issued any notice to the petitioners in house plot nos. 4 part, 5 part and 6 part an extent of 133.3 Sq. Yards and an extent of 200 Sq. yards in Survey No. 477/B and present revenue sub-division survey no. 477/PI an extent of Acs. 1.25 cents at Residential Area No. 36, Tiruchanuru Village Accounts, Tiruchanuru Village Panchayat, Tirupati Rural Mandal, Tirupati District, Andhra Pradesh is illegal, unjust, arbitrary and violation of Article 14, 19, 21 and 300-A of the Constitution of India and violation of Principles of Natural Justice and violation of A.P. Rights in Land and Pattadhar Pass Books Rules, 1989 and consequently direct the respondent nos. 2 and 3 and their authorities not to interfere in the petitioners subject properties in house plot nos. 4 part, 5 part and 6 part an extent of 133.3 Sq. Yards and an extent of 200 Sq. yards in Survey No. 477/B and present revenue sub-division survey no. 477/PI an extent of Acs. 1.25 cents at Residential Area No. 36, Tiruchanuru Village Accounts, Tiruchanuru Village Panchayat, Tirupati Rural Mandal, Tirupati District, Andhra Pradesh without following due process of law and pass…” 2. The grievance of the petitioner is that, the petitioner got the property of an extent of Ac.0.75 cents in Sy.No.48B-3B, Chennur Village Accounts, Chennur Mandal, Y.S.R. Kadapa District, by way of partition deed bearing No.4599/1999, dated 15.10.1999 and since then, the petitioner has been in possession and enjoyment of the said property. Page 4 of 6 3. The petitioner further submits that the subject property was kept in dotted land for some period. Later, the Government authorities deleted the subject property from the dotted land and issued proceedings to respondent No.4 and the respective authorities. The petitioner submitted a Gift Settlement Deed dated 07.08.2025 to respondent No.5 for registration in respect of the subject property. However, the respondent No.5 is refusing to register the document. Thus, the petitioner seeks a direction to direct the Sub-Registrar to receive and register the Gift Settlement Deed. 4. Heard Sri C. Leela Srinivasa Varma, learned counsel for the petitioner and Sri Divya Theja, learned Assistant Government Pleader appearing for the respondents. 5. Section 71 of the Registration Act, 1908 (hereinafter referred to as ‘the Act’) envisages that “Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded”. Clause (2) of the Act envisages that “No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered”. 6. Section 71 of the Act clearly envisages that Sub-Registrar shall either register the document, if it is otherwise in accordance with law, or record reasons for such refusal. 7. In view of the above, this Writ Petition is disposed of directing respondent No.5 to process the Gift Settlement Deed dated 07.08.2025 presented by the petitioner in accordance with law or in case the Sub- Registrar intends to refuse registration of the document, he shall pass appropriate orders, strictly in terms of Section 71 of the Act and Rules161 to 164 framed there under and communicate the same to the petitioner herein. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 28.10.2025 TVN 86 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29432 OF 2025 Date: 28.10.2025 TVN