1 APHC010028232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1548/2025 Between: 1. T NAGESH, S/O VENKATASWAMY, AGED 47 YEARS, OCC. CULTIVATION, R/O. 1-118, KONARAJUPALLI VILLAGE, ONTIMITTA MANDAL, KADAPA DISTRICT, 516152. 2. T.V. SUBBAIAH,, S/O VENKATASWAMY, AGED 53 YEARS, OCC. CULTIVATION, R/O. 1-118, KONARAJUPALLI VILLAGE, ONTIMITTA MANDAL, KADAPA DISTRICT, 516152. 3. T. VENKATA SUBBAIAH,, S/O VENKATASWAMY, AGED 51 YEARS OCC. CULTIVATION, R/O. 1-118, KONARAJUPALLI VILLAGE, ONTIMITTA MANDAL, KADAPA DISTRICT, 516152. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA DISTRICT AT KADAPA. 3. DISTRICT REGISTRAR, KADAPA DISTRICT AT KADAPA. 4. THE SUBREGISTRAR, SIDHOUT, KADAPA DISTRICT. 5. TAHSILDAR, VONTIMITTA MANDAL, KADAPA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. PALA KARTHI KIRAN 2 Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: ORAL ORDER: Heard Sri Karthi Kiran Pala, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Registration & Stamps. 2. Writ Petitioners have averred in paras 3 and 4 of the Affidavit filed in support of this Writ Petition as under: “3. I further humbly submit that we are all siblings, absolute owners, possessors and enjoyers of agricultural (Grama Khantam) landed properties admeasuring Ac.1.90 Cents and Ac.1.54 Cents respectively covered by Sy.No's.167 and 122 situated at Konarajupalli Village, Vontimitta Mandal, Kadapa District having succeeded to the same from my mother named Late Thurra Achamma, W/o. Late Venkata Swamy. In fact, the subject mentioned property is belonged to my mother, she succeeded to the same from her ancestral. We have been in exclusive possession over said land since times immemorial. The 5th Respondent had granted Adangal/Phahani on my mother's name in respect of subject land, Panchayat Secretary and the predecessors of the 5th Respondents' office also issued enjoyment certificate bearing its reference no.29/2009, dated 14.02.2009 and 46/2013 dated 20.05.2013 respectively. My mother attained moksha on 11.06.2023. After her intestate demise, being legal heirs of my mother, we succeeded to the subject property and eking out our livelihood by cultivating the same. 4. I further humbly submit that we intended to settled the subject land got partitioned among our brothers and we approached the 4th Respondent Office with a request to receive, process and register the deed of partition being presented by us in respect of our agricultural (Grama Khantam) landed properties admeasuring Ac.1.90 cents and Ac.1.54 Cents respectively covered by Sy.No's.167 and 122 3 situate at Konarajupalli Village, Vontimitta Mandal, Kadapa District. But the 4th Respondent ignored to register the deed of partition submitted by us and he orally stated that the said lands are Grama Khantam Lands and prohibited for registration and asked us to secure no objection certificate from the 5th Respondent for registration of any document connected to said lands. Past 6 months we have been circumambulating around the 4th Respondent authority, but in vain. The 4th Respondent did not issue any written order to that effect. The 4th Respondent did not give any tenable reason for his impugned action.” 3. Learned Counsel for the Petitioners has placed reliance on the judgment of this Court in Salimeni Ravindra Vs. The State of Andhra Pradesh & Ors. (W.P.No.10392 of 2021 dated 15.06.2021). He would place reliance on this judgment to submit that the Sub-Registrar cannot refuse to receive the document presented for registration. He would submit that as per Section 71 of the Registration Act, 1908, there is an obligation on the Registrar/Sub-Registrar to process the Sale Deed/Partition Deed and either register the same or record reasons for refusal to register a document which is presented for registration and make an order of refusal and record his reasons for such order in his Book No.2 with the endorsement of the phrase “registration refused” on the presented document for registration. This procedure is followed as per Rules 161 to 164 of the Rules framed under the Registration Act, 1908. 4. This Court, having perused the judgment of this Court in Salimeni Ravindra’s case (W.P.No.10392 of 2021 dated 15.06.2021), is of the view that the present Writ Petition is squarely covered by the said judgment. 4 Accordingly, this Writ Petition stands disposed of with a direction to the Respondent No.4 to receive the Partition Deed and process the same in accordance with the procedure as indicated and as dealt with in the judgment dated 15.06.2021 in W.P.No.10392 of 2021. No order as to costs. 5. The Writ Petitioners are directed to submit a copy of this Order along with a photocopy of the Judgment of this Court which is relied-on i.e., Salimeni Ravindra’s case (W.P.No.10392 of 2021 dated 15.06.2021) to the Registrar for better appreciation and for following the procedure in accordance with law in future cases as well. 6. Needless to state that on presentation of the Partition Deed, the Sub-Registrar, Sidhout, Kadapa District namely Respondent No.4 shall pass a Speaking Order as per law within a reasonable time in the event he/she is not inclined to register the document. 7. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 23.01.2025 Vns