1 s IN THE HIGH COURT OF ANDHRA PRADESH :: AM (Special Original Jurisdiction) ^ THURSDAY, THE TENTH DAY OF APRILp TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA-^ WRIT PETITION NO: 9374 OF 2025 'O m Co •: Between: Gunlpati Balasubramanyam, S/o. Venkata Subba Rao, Aged 37 years, Occ: --Cultivation R/o. D No. 3/193, Nagulamanu Street, Raiampet Town Annamaiah District, Erstwhile YSR Kadapa District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue (Stamps and Registration) Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Registrar, Annamaiah District at Rayachoti. 3. The Sub R^istrar, Rajampet Sub-Registrars Office Annamaiah District Erstwhile YSR Kadapa District 4. The Inspector General of Stamps and Registration Department Vijayawada, Krishna 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 be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2 may nd respondent in not deciding the petitioners Appeal No. 8 of 2024, dt. 9.7.2024 filed under Section 72 of the Registration Act, 1908 against Registration Refusal Order vide Refusal No. 5 of 2024, dt. 03.07.2024 passed by respondent, in respect of Pending Document No. 5 of 2024, dt. 26.6.2024 rd passed by the 3 respondent, without verifying that the Suit Schedule Property in OS No. 13 of 2016 on the file of Principal Civil Judge (Senior Division), Rajampet Is different from the schedule property in respect of Pending Document No. 5 of 2024, dt. 26.06.2024 and further any order passed in the above said suit is not binding oh the petitioner, as petitioner is not party to the suit, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on the 2'^'^ respondent under the provisions of Registration Act, 1908 and offends Article 14, 21 and 300- A of Constitution of India and consequently direct 2'""' respondent to decide the petitioners appeal in accordance with law by clearing registration of said document and pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2'^'^ respondent to decide the petitioners Appeal No. 8 of 2024, dt 09.07.2024 filed under Section 72 of the Registration Act, 1908 against Registration Refusal Order vide Refusal No. 5 of 2024, dt. 03.7.2024 passed by 3'^^ respondent, pending disposal of the main Writ Petition. Counsel for the Petitioner : SRI PETLURI NAGA RAJU Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER APHC010181032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY .THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9374/2025 Between: ...PETITIONER Gunipati Balasubramanyam AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PETLURI NAGA RAJU Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of 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 2 respondent in not deciding the petitioner’s Appeal No. 8 of 2024 dated 9.7.2024 filed under Section 72 of the Registration Act 1908 against Registration Refusal Order vide Refusal No 5 of 2024 dt 03.07.2024 passed by respondent in respect of Pending Document No 5 of 2024 dated, 26.6.2024 passed by the 3^^ respondent without verifying that the Suit Schedule Property in O.S.No.13 of 2016 on the file of Principal Civil Judge Senior nd Division Rajampet is different from the schedule property in respect of Pending Document No. 5 of 2024 dated 26.06.2024 and further any order passed in the above said suit is not binding on the petitioner as petitioner is not party to the suit as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on the 2"^ respondent under the of Registration Act, 1908 and offends Article 14, 21 and 300-A of Constitution of India and consequently direct 2ND respondent to decide the petitioner’s appeal In accordance with law by clearing registration of said document and pass such other order orders...” H6ard th© l6arn6d couns6l for the petitioner and the learned Government Pleader for the respondents. provisions or 2. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject property, admeasuring to extent of 235.46 square yards out of an extent of 10 cents out of total extent of Ac. 1.50 cents in Sy. No. 944, situated in Rajampet Revenue Village and Mandal of Annamaiah District and having acquired the subject property through a registered sale deed bearing Document No. 2664 of 2021, dated 30.06.2021, from his vendor, M. Savithramma. While intending to purchase the subject property, the petitioner presented the documents for registration before the 3rd respondent on 26.07.2024. However, the said registration refused by the 3rd respondent, vide Refusal No. 5 of 2024, dated 03.07.2024. Aggrieved by the refusal order dated 03.07.2024, the petitioner preferred Appeal No. 8 of 2024, dated 09.07.2024, before the 2"'* respondent. Even though the petitioner preferred an appeal assailing the order passed by the an an was an •3rd respondent, the 2"^^ respondent neither considered the appeal nor issued other proceedings. Hence, the present writ petition. 4. On the other hand, the learned Assistant Government Pleader for the respondents submits that since Appeal No. 8 of 2024, dated 09.07.2024, is pending before the 2*^^ respondent, the respondents will consider the appeal preferred by the petitioner and pass appropriate orders in accordance with law within a reasonable time. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents and on perusal of the material placed on record, this Court is of the considered opinion the present Writ Petition can be disposed of directing the 2^^^ respondent to consider the appeal No. 8 of 2024, dated 09.07.2024 preferred by the petitioner by providing an opportunity of hearing to all the parties concerned and pass appropriate orders in accordance with law within in period of two (02) months from the date of receipt of copy of this order. 6. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- A. ViJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue (Stamps and Registration) Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. 9 2. The District Registrar, Annamaiah District at Rayachoti. The Sub Registrar, Rajampet Sub-Registrars Office Annamaiah District Erstwhile YSR Kadapa District. The Inspector General of Stamps and Registration Department, Vijayawada, Krishna District One CC to Sri Petiuri Naga Raju, Advocate [OPUC' Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 3. 4. 5. 6. 7. Cnr HIGH COURT DATED:10/04/2025 ORDER WP.No.9374 of 2025 I 2 8 MAY 2025 ^ . Curreni oecuon , ^ mi to. DISPOSING OF THE W.P. WITHOUT COSTS