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2025 DAILYLAW 44172 (AP)

Duvvuru Madhusudhana Reddy, v. The. State of Andhra Pradesh,

WP/6183/2021 · 2025-03-31

T C D Sekhar

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE AMARAVATI T.C.D.SEKHA vmr PETITION NO:61«.?nF 2021 Between: Duvvuru Madhusudhana Reddy. S/o.Late Venkata Subba Reddy about 55 years. Occ; Cultivation, R/o. D.No.5-3-63. 16*"^ : Agraharapeta, Naidupeta. Naiduffeta Mandal, SPSR Nellore District. ...PETITIONER , aged ward, AND 1. The State of Andhra Pradesh, Rep. by its Prl. Secretary, Revenue (Stamps and Registration) Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Inspector General, (Registration and Stamps) Department, Andhra Pradesh, Vijayawada-521151, 3. The District Collector, Chittoor, Chittoor District. 4. The Sub-Registrar. Sub-Registrar Office, Chittoor District. ‘.1= : Renigunta. Code No. 1018 ...RESPONDENjrS-^ praying that in the High Court may more particularly one in the Petition under Article 226 of the Constitutioh of India the circumstances stated in the affidavit filed therewith, be pleased to issue writ, order or a direction, nature of Writ of Mandamus declaring the action of the 4th respondent im not receiving and registering the documents admeasuring Ac.0-34 relating to the land cents (0-137 hectors) in Sy. No. 93/7 of No:8 Mangalam Group, Tirupathi Urban as wholly^-arbitrary, illegal unjust consequently the respondents be directed Upparapalem Village Accounts. Mandal, Chittoor District void, contrary to to receive and register law and the documents executed and presented in favour of the petitioner according to the provision of Indian Stamp Act and Registration Act. lA NO: 1 OF ?n?l Petition under Section 151 GRC stated in the affidavit filed i pleased to direct the 4*'' praying that in the circumstances in support of the petition, the High Court may be respondent to receive and register the documents executed and presented in favour of the petitioner, relating to the land admeasuring Ac.0-34 cents (0-137 hectors) in Sy. No.93/7 of Upparapalem Village Accounts, No.8 Mangalam Group, Tirupathi Urban District, pending disposal of the writ petition. Counsel for the Petitioner: SRI S. V. MUNI Counsel for the Respondent Nos.1i2 & 4: Mandal. Chittoor REDDY GP FOR STAMPS & REGISTRATION Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER . --i ■''-5 APHC010105722021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^4-f [3505] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6183/2021 Between: Duvvuru Madhusudhana Reddy, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.S VMUNI REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS (AP) The Court made the following order; The present Writ Petition is filed questioning the action of the 4*^ respondent in not receiving and registering the document over an extent of Ac.0.34 cents in , No.8 Mangalam Chittoor District, without assigning presented by the petitioner Sy.No.93/7 of Upparapalem Village Accounts Group, Tirupati Urban Mandal, any reasons. 2. It is the case of the petitioner that Venkataramana, S/o. M. Nagarah, is the absolute possessor of the subject land having purchased one Sri Maddelacheruvu owner and the same by virtue of Registered Agreement-cum-General Power of Attorney, Vide document No.523/2020 dated 05.02.2020. The said M. Venkataramana offered to sell the subject land petitioner, and accordingly, they entered the in favour of the agreement of sale dated 07.06.2018. When the vendor of the forward for execution of registration of sale petitioner, he filed a suit, vide O.S.No.45 Principal Senior Civil Judge, Tirupati compromised before the Lok Adalat, and T1 of Legal Service Authority Act, 1987 07.11.2020. petitioner did not come deed in favour of the of 2019, on the file of and the matter was an award under Section was passed on petitioner approached the Thereafter, the I 4'^ respondent-Sub Registrar by presenting the document the subject land. The said document was not received by the 4'*^ respondent on the allegation that the vendor of the petitioner did not pay income tax and there are instructions from the higher authority not to entertain registration over the subject land. over Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 3. 4. Perused the material available on record. 5 The grievance of the petitioner in the present writ petition is that, despite presentation of the sale deed, the 4*^ respondent did not receive and register the same on the ground that the vendor of the petitioner did not pay income tax. Further, when a document is presented for registration, it is incumbent on the part of the 5*^ respondent to register the same, if the said document is presented in accordance with the provisions of the Registration Act, 1908 (for short “Act, 1908”). If the document cannot be registered for any reason the same has to be done by recording the reasons for non-registration per Section 71 of the Act, 1908. 6. In that view of the matter, the present Writ Petition is disposed of, directing the 4*^ respondent to receive and register the document presented by the petitioner, if the same is in accordance with the provisions of Registration Act, 1908, and in case, the 4^*^ respondent is inclined to refuse the said document for registration, the same has to be done after recording the reasons as contemplated under the law. No costs. As a sequel, miscellaneous applications shall stand closed. pending, if any, I Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTIDN OFFICER 1. The PrI. Secretary, Revenue (Stamps and Registration) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Inspector General, (Registration and Stamps) Department, Andhra Pradesh, Vijayawada-521151. 3. The District Collector, Chittoor, Chittoor District. 4. The Sub-Registrar, Sub-Registrar Office, Renigunta, Code No. 1018, Chittoor District. 5. One CC to Sri S. V. Muni Reddy, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 7. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. To, [OUT] ssb i! HIGH COURT DATED:01/04/2025 ORDER WP.No.6183 of 2021 DISPOSING OF THE W.P. WITHOUT COSTS