APHC010120782022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7363/2022 Between: 1. SMT. SAKHAMURI SUMATHI,, W/O. LATE S.V.MUNIRATNAM NAIDU, AGED ABOUT 66 YEARS, R/O. FLAT NO.206, R.K. APARTMENT, KHADI COLONY, THIRUPATHI, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE THASILDAR, THIRUPATHI URBAN MANDAL, THIRUPATHI, CHITTOOR DISTRICT. 3. THE DISTRICT REGISTRAR, STAMPS AND REGISTRATION DEPARTMENT, CHITTOOR, CHITTOOR DISTRICT. 4. SUBREGISTRAR, STAMPS AND REGISTRATION DEPARTMENT, TIRUPATHI URBAN,TIRUPATHI, CHITTOOR 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 an appropriate writ, order or 2 direction, more particularly one in the nature of writ of Mandamus, to declare the action of the 4th respondent Sub-Registrar, Tirupathi urban, Tirupathi, Chittoor District, in not receiving the lease deed without furnishing the details of the Stamp Duty and registration fee etc., for registration purposerelating to the landed property admeasuring an extent of Ac. 7.72 Cents in Sy.N0.11 situated in Thirupathi Urban/Mandal, Chittoor District belonging to the petitioner as ex-facie illegal, arbitrary, arbitrary, against the principles of natural justice, unreasonable and violation of the fundamental rights guaranteed to the petitioners under Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 4th respondent Sub-Registrar to receive and register the lease deed to be submitted by the petitioner for the above landed property by collecting the necessary fee and other charges and to release the same and to grant such IA NO: 1 OF 2022 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 4th Respondent Sub- Registrar,Tirupathi urban, Tirupathi, Chittoor Districtto receive and register the lease deed to be submitted by the petitioner for- thelanded property admeasuring an extent of Ac. 7.72 Cents in Sy.No.11 situated in Thirupathi Urban/ Mandal, Chittoor District belonging to the petitionerpending disposal of the Writ petition, and to pass Counsel for the Petitioner: 1. GORLE GOPALAKRISHNA Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS (AP) 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the 4th respondent Sub-Registrar, Tirupati Urban, Tirupati, Chittoor District, in not receiving the lease deed without furnishing the details of the Stamp Duty and registration fee etc., for registration purpose relating to the landed property admeasuring an extent of Ac.7.72 cents in Sy.No.11 situated in Tirupati Urban/ Mandal, Chittoor District belonging to the petitioner. 3. The learned counsel for the petitioner submits that in spite of the proceedings of the Special Deputy Collector (FAC) Land Protection Cell, Endowment Department, Multi Zone-2, Tirupati addressed to the 2nd respondent dated 22.05.2019, the subject property is not being entertained by the 4th respondent for alienation. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that, the subject land in an extent of Ac.7.72 cents in Sy.No.11 situated in Tirupati Urban/ Mandal, Chittoor District is an assigned land. As per Section 3 of A.P. Assigned Lands (Prohibition of Transfer) Act, 1977, any land assigned by the government to the landless poor persons either for the purpose of cultivation or as a house site shall not be transferred and 4 even if any such transfer is made that transaction shall be deemed to be null and void. Even as per Section 22-A (1) (a) of the Registration Act and as per Section 5 of the Act 9 of 1977, the transfer is prohibited. The subject land is included in the list of prohibitory properties communicated by the District Collector, Chittoor. In the instant case, the petitioner has not presented any document before the 4th respondent till date. Without submitting any document, the petitioner approached straight away this Hon’ble Court. Unless the notification issued by the Revenue Department is set aside, the land will not be released from the prohibited list under Section 22-A of the Registration Act, 1908. Unless the notification is set aside and the land is deleted from the prohibited list, the document cannot be issued. But the District Collector concerned is not made as party respondent to this writ petition. 5. In view of the above said facts and circumstances, the petitioner is permitted to make a representation to the District Collector concerned enclosing all the necessary documents in support of her claim within a period of four (4) weeks from the date of receipt of this order. On receipt of the same, the concerned District Collector shall consider the representation of the petitioner as expeditiously as possible preferably within a period of three (3) months thereafter by hearing all the parties concerned including the petitioner giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. 5 6. Accordingly, the writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 03.11.2025 NNN