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2025 DAILYLAW 42640 (AP)

A. Venkata Subbaiah, v. The State of Andhra Pradesh,

WP/33651/2025 · 2025-12-02

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010652092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33651/2025 Between: 1. A. VENKATA SUBBAIAH,, S/O. RAMAIAH, AGED ABOUT 66 YEARS, RESIDENT OF PLOT NO.55, OPP COMMUNITYHALL UPPARAPALLI, THUMMALAGUNTA, CHITTIOOR. 2. GOUNI ESWARAMMA,, W/O. SUBBARAMAIAH, AGED ABOUT 74 YEARS, RESIDENT OF H.NO. 1, PEDDAORAMPADU, KADAPA, YSR KADAPA DISTRICT. 3. MALISETTY RAVICHANDRA @ RAVIKUMAR,, S/O. VENKATARAMAIAH, AGED ABOUT 58 YEARS. RESIDENT OF PEDDAORAMPADU, OBULAVARIPALLE, YSR KADAPA DISTRICT. 4. SINGAMALA KASIVISWANATH,, S/O. VENKATASUBBAIAH AGED ABOUT 59 YEARS. RESIDENT OF H.NO.2/58-2, EDIGAPALLI, VATHALURU, PULLAMPETA MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER AND INSPECTOR GENERAL OF STAMPS AND REGISTRATION, 5-59, R K SPRING VALLEY APARTMENTS EDUPUGALLU, KANKIPADU MANDAL, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT, TIRUPATHI. 2 4. THE TAHSILDAR, TIRUPATHI RURAL MANDAL TIRUPATHI DISTRICT. 5. THE SUBREGISTRAR, TIRUPATHI, TIRUPATHI DISTRICT. ...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 topleased to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the 5th respondent in refusing to register the document submitted by the petitioners in respect of plot Nos.6 to 9, each measuring an extent of Ac. 0.03 cents each in Sy.No.496/4C situate in Avilala Village, Tirupathi Rural Mandal, Tirupathi District without assigning any reasons is illegal, arbitrary, unconstitutional, and violative of the Registration Act, 1908, and Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondent No.5 to receive, register and release the document to be submitted by the petitioners in respect of plot Nos.6 to 9, each measuring an extent of Ac. 0.03 cents in Sy.No.496/4C situate in Avilala Village, Tirupathi Rural Mandal, Tirupathi District and pass 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 pleased to direct the respondent No.5 to receive, register and release the document to be submitted by the petitioners in respect of plot Nos.6 to 9, each measuring an extent of Ac. 0.03 cents in Sy.No.496/4C situate in Avilala Village, Tirupathi Rural Mandal, Tirupathi District, pending disposal of the writ petition Counsel for the Petitioner(S): 1. NARASIMHA REDDY. G . L Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 33651 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in refusing to register the document submitted by the petitioners in respect of plot Nos.6 to 9 each measuring an extent of Ac.0.03 cents each in Sy.No.496/4C situated at Avilala village, Tirupathi Rural Mandal, Tirupathi District without assigning any reasons is illegal and arbitrary”. 2. During the course of hearing, learned counsel for the petitioners 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 Assistant 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.5 is 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, 1899. If the Sub Registrar refuses to 4 register, he has to pass reasoned order as mandated under Section 71 of the Indian Registration Act, so as to enable the petitioners 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. As a sequel miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Dt:03.12.2025 sj 5 256 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 33651 of 2025 Dt.03.12.2025 ssjj