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2025 DAILYLAW 41104 (AP)

M VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/35806/2025 · 2025-12-22

D Ramesh

body2025

Judgment text

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APHC010695282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 35806/2025 Between: 1. M VENKATESWARLU, S/O M.SUBRAMANYAM, AGED ABOUT 59 YEARS, PLOT NO.202, 7TH BLOCK GREEN PARK APARTMENT, D.R.MAHAL ROAD TIRUPATI, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT- ANDHRA PRADESH- 517501. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO REVENUE (STAMPS AND REGISTRATION), VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - 522237. 2. THE DISTRICT REGISTRAR, TATA NAGAR, TIRUPATI, TIRUPATI DISTRICT, ANDHRA PRADESH -517501. 3. THE SUBREGISTRAR, SUB REGISTRAR OFFICE, RENIGUNTA, TIRUPATI DISTRICT, ANDHRA PRADESH - 517520. 4. THE DISTRICT COLLECTOR, O/O THE DISTRICT COLLECTORATE, TIRUPATI DISTRICT, TIRUPATI-517501. ...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 in the nature of writ of mandamus declaring the action of the 3rd Respondent in keeping the document pending with P.No.145/2025 related to the property bearing plot No. 17 to an extent of 220Sq.Yards / 1980S.ft situated in Survey No. 196/1 to an 2 extent of Ac 0.25 Cents and 194/9 to an extent of Ac 0.68 cents at No. 11 Tiruchanoor, No.22 Damineedu Village Account, Renigunta Sub-Division, Tirupati Rural Mandal, Tirupati Districtby paying requisite stamp duty of Rs 1,85,900/-, Registration Fee of Rs 28,600/- and User Charges of Rs 700/- totaling Rs2,15,200/- in spite of lapse of 2 1/2 Months not releasing the document is as illegal arbitrary and unconstitutional, violation of principles of Natural justiceand violation of Articles 14, 21 and 300A of the Constitution of Indiaand consequently direct the 3rd respondent to release the Pending document No. 145/2025 dated 01.10.2025 related to the property bearing plot No. 17 to an extent of 220 Sq. Yards / 1980S.ft situated in Survey No. 196/1 to an extent of Ac 0.25 Cents and in Sy.No 194/9 to an extent of Ac 0.68 Cents at No. 11 Tiruchanoor, No.22 Damineedu Village Accounts, Renigunta Sub-Division, Tirupati Rural Mandal, Tirupati Distriet executed in the name of the petitioner and passsu 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 to direct the 3rd respondent to release the Pending document No. 145/2025 dated 01,10.2025 related to the property bearing plot No. 17 to an extent of 220 Sq. Yards / 1980S.ft situated in Survey No. 196/1 to an extent of Ac 0.25 Cents and in Sy.No 194/9 to an extent of Ac 0.68 Cents at No. 11 Tiruchanoor, No.22 Damineedu Village Accounts, Renigunta Sub-Division, Tirupati Rural Mandal, Tirupati District executed in the name of the petitioner and pass Counsel for the Petitioner: 1. D KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS 3 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 3rd Respondent in keeping the document pending with P.No.145/2025 related to the property bearing plot No.17 to an extent of 220 Sq.Yards / 1980 S.ft situated in Survey No.196/1 to an extent of Ac.0.25 Cents and 194/9 to an extent of Ac.0.68 cents at No.11 Tiruchanoor, No.22 Damineedu Village Account, Renigunta Sub-Division, Tirupati Rural Mandal, Tirupati District by paying requisite stamp duty of Rs.1,85,900/- Registration Fee of Rs.28,600/- and User Charges of Rs.700/- totaling Rs.2,15,200/- in spite of lapse of 2 ½ Months not releasing the document is as illegal, arbitrary and unconstitutional violation of principles of Natural justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 3rd respondent to release the Pending document No.145/2025 dated 01.10.2025 related to the property bearing plot No.17 to an extent of 220 Sq. Yards / 1980 S.ft situated in Survey No.196/1 to an extent of Ac.0.25 Cents and in Sy.No.194/9 to an extent of Ac.0.68 Cents at No.11 Tiruchanoor, No.22 Damineedu Village Accounts, Renigunta Sub-Division, Tirupati Rural Mandal, Tirupati District executed in the name of the petitioner and pass.” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 3. 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. 3. Learned Government Pleader did not oppose the said submission. 4. 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 No.3 is directed to receive and process the document 4 presented by the petitioner pertaining to the subject property, if it is otherwise in compliance of the provisions of the Indian Registration Act, 1899. 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. 5. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the parties. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH Date: 23.12.2025 SNI 5 133 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 35806 OF 2025 Dt.23.12.2025 SNI