IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ^ TUESDAY, THE TWENTY SECOND DAY OF APRIL ^ TWO THOUSAND AND TWENTY FIVE * PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2981 OF 2024 Between: Jaldi Kamalamma, W/o. Moshe, Aged about 65 Years, Occ: House wife Baptist Palem, Podili Village & Podili Mandal, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department A.P Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Commissioner and Inspector General of Registration and Stamps Govt, of Andhra Pradesh, Registration Bhavan Gollapudi, Vijayawada, Krishna District. 3. The District Registrar, Markapuram, Prakasam District. 4. The Sub-Registrar, Podili,Prakasam District. ) j ...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 a WR/T OF MANDAMUS or any other appropriate Writ Order or orders. Direction to declare the proceedings of the 2"^^ Respondent in Draft Memo No. G2/19134/2011 dt:01-12-2011 as illegal, without jurisdiction and Unconstitutional and to issued consequential direction to the 4^^ respondent to receive and register the document that may be presented by the petitioners for registration in respect of the 0-12 y2 in Sy. No. 201, situated in Podili Village and Mandal, Prakasam District without reference to the memo of the 2"^^ respondent bearing No. G2/19134/2011 dt.01-12-2011. lA No: 1 OF 2024 i; 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 4^^ Respondent to receive and register the documents that may be presented by the petitioners for registration in respect of the 0-12 14 in Sy. No. 201, situated in Podili Village and Mandal, Prakasam District, without reference to the memo of the 2"^ respondent bearing No. G2/19134/2011, dt.01-12-2011 pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI GADA VENKATESWARLU Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondent Nos.2 to 4: GP FOR REGISTRATION & STAMPS The Court made the following: ORDER ^ — % APHC010644892023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) 0ME [3329] Bli!?!: TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2981/2024 THE Between; ...PETITIONER Jaldi Kamalamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VENKATESWARLU GADA Counsel for the Respondent(S): 1.GPFOR REVENUE (AP) The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA'' WRIT PETITION NO: 2981/2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: "..to issue a Writ of Mandamus or any other appropriate Writ, Order or orders Direction or Direction to declare the proceedings of the 2"^ Respondent in Draft Memo dt.01.12.2011 as illegal, without jurisdiction and Unconstitutional and to issue consequential direction to the 4^^" respondent to receive and register the document that may be presented by the petitioner for registration in respect of the 0-1214 cents in Sy.No.201, situated in Podili village & Mandal, Prakasam District without reference to respondent bearing No G2/19134/2011 dt.01.12.2011 and pass such other order or orders...” NO.G2/19134/2011 ND the memo of the 2 Heard learned counsel for the petitioner and learned Government 2. Pleader for the respondents. When the matter is taken up for hearing, learned counsel for the petitioner submits that in similar set of facts, this Court has passed an order dated 30.01.2020 in W.P. No.1981 of 2020 and prayed this Court to pass a 3. similar order in this writ petition also. Learned Government Pleader does not refute the submission made by 4. the learned counsel for the petitioner. The relevant paragraphs of the order passed in W.P.No.1981 of 2020 5. are extracted hereunder: "The main ground urged by this petitioner is that when the document is presented for registration, rejection of the same based on the draft Memo No.G2/19134/2011, dated 01.12.2011 with District Registrar, Ongole vide Endorsement No.G1/1382/2011, dated 09.12.2011. The memo was issued in view of the injunction orders passed by the High Court of Madras. The Madras High Court directed based on a letter from Rev.B.M.Sudheer to the Inspector General of Stamps and Registration, State of Andhra Pradesh, Hyderabad not to register any deeds of conveyance by any of the parties to any of the parties in respect of the properties covered under the scheme. But, the order u/as not communicated to Registrar except the letter of Rev.B.M.Sudheer to the District Registrar, who in turn issued such direction. According to the order under challenge under Section 71 of the Registration Act, refusal to register a document on the memo issued by Tahslldar or any other officer is illegal in view of the judgments of the Division Bench in P.Narasimha Reddy V. Sub-Registrar, Shameerpeta Mandal, Ranga Reddy DistricV and S.Nagi Reddy v. Joint Registrar, Tirupati/ Therefore, the order impugned in this writ petition Is contrary to the law declared by the Division Bench and also another judgment of single Judge in W.P.No.10721 of 2016, dated 01.04.2016, W.P.No.34689 of 2012, dated 12.12.2012. Hence, the impugned proceedings are hereby set aside while directing the 4^^ respondent to receive and register, if it is not prohibited by any order or law, the document by following the principles laid down in the judgments referred supra." Having regard to the submission made by the learned counsel for the petitioner and learned Government Pleader for the respondents, on perusal of the order dated 30.01.2020 passed by this Court in W.P.No. 1981 of 2020, 6. this Court is of the considered view that the present writ petition can*^be disposed of, with the following directions; i) The impugned proceedings dated 01,12.2011 are hereby set aside; ii) Further, the respondent authorities are directed to receive and register the document presented by the petitioner for registration in respect of the property admeasuring to an extent of 0-1214 in Sy.No.201 situated at Podili village & Mandal, Prakasam District , if the said document is not prohibited by any order or law, by following the principles laid down in the judgments referred supra. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SEC^nON OFFICER 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Commissioner & Inspector General of Registration & Stamps, Government of Andhra Pradesh, Registration Bhavan Gollapudi, Vijayawada, Krishna District. 3. The District Registrar, Markapuram, Prakasam District. 4. The Sub-Registrar, Podili, Prakasam District. 5. One CC to Sri Gada Venkateswarlu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Registration & Stamps. High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. To, gi HIGH COURT DATED:22/04/2025 ORDER WP.No.2981 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS