IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATIy^^^ (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI ^ WRIT PETITION NO: 39728 OF 2017 x if ▼ r m X Vj :o3 Between: Bussay Pratap, S/o Durga Rao, Aged about 42 years, R/o D.No.7C-6-7 East Street, Benerjipet, Eluru Town, West Godavari District. ...Petitioner AND 1. State of Andhra Pradesh, Rep., by its Principal Secretary, Stamps and Registration Department, Secretariat, Velagapudi, Guntur District. 2. The Joint Sub-Registrar, Eluru, West Godavari District. ...Respondents /’ 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, direction or writ more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent authority in issuing the refusal order dated 9.11.2017 in not registering for releasing the mortgage deed bearing No.9251 of 2014, for plot bearing No.260, 2B, Bit-A, Block-H in RS Nos. 4/1 to 4/6, 5/1, 5/2, 260, 262/1, 262/2, 263, 264/IA, 264/IB, 264/IC and 264/2 of Malkapuram village, Eluru Mandal, West Godavari District, as arbitrary, illegal, null and void and without jurisdiction and against norms of public policy and principles of natural Justice. I.A. NO: 1 OF 2017(WPMP. NO: 49255 OF 20171 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 2 nd respondent authority to register for releasing the tjiOTtgage deed bearing No.9251 of 2014 presented by the petitioner, pending disposal of the above writ petition. Cocinsel for the Petitioner; SRI VENKATESWARA RAO GUDAPATI Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents; GP FOR REGISTRATION AND STAMPS The Court made the following order: APHC010945142017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Shis r.T- [3331] l'. THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 39728/2017 Between: 1. BUSSAY PRATAP,, S/0 DURGA RAO, AGED ABOUT 42 YEARS, R/0 D.N0.7C-6-7, EAST STREET, BENERJIPET, ELURU TOWN, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE JOINT SUBREGISTRAR, ELURU, WEST GODAVARI 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 toto issue an order, direction or writ more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent authority in issuing the refusal order dated 9.11.2017 in not registering for releasing the mortgage deed bearing No.9251 of 2014, for plot bearing No.260, 2B, Bit-A, I Block-H in RS Nos. 4/1 to 4/6, 5/1, 5/2, 260, 262/1, 262/2, 263, 264/IA, \- 264/IB, 264/IC and 264/2 of Malkapuram village, Eluru Mandal, Godavari District, as arbitrary, illegal, null and void and without jurisdiction and ^ against norms of public policy and principles of natural justice lA NO: 1 OF 2017(WPMP 49255 OF 2017 REP., BY ITS PRINCIPAL STAMPS AND REGISTRATION DEPARTMENT, est 2 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 2nd respondent authority to register for releasing the mortgage deed bearing No.9251 of 2014 presented by the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: 1.VENKATESWARA RAO GUDAPATI Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR REGISTRATION AND STAMPS (AP) The Court made the following order: Heard Sri Gudapati Venkateswara Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appeared for respondents. This Court in W.P.No.3748 of 2017 set aside the cancellation of allotments/agreement of sale executed by API 1C in favour of the society. The Sub-Registrar refused to register the document, due to the pendency of W.P.No.3748 of 2017 and the order of status quo granted therein. Since the cancellation of allotment in favour of the petitioner was hereby set aside, the 2'"'* respondent shall register the mortgage deed submitted by the petitioner if the document is otherwise in order. 2. 3. 4. Accordingly, the writ petition is allowed. No costs. Miscellaneous petitions pending, if any, shall stand closed Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// S To, SECTION OFFICER 1. The Principal Secretary, Stamps and Registration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Joint Sub-Registrar, Eluru, West Godavari District. 3. One CC to Sri Venkateswara Rao Gudapati, Advocate [OPUC] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 5. Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies X- RAM HIGH COURT DATED:17/04/2025 ORDER WP.No.39728of2017 ALLOWING THE WP WITHOUT COSTS