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2025 DAILYLAW 44772 (AP)

BALASANI ROJAMMA v. THE STATE OF AP

WP/10170/2025 · 2025-04-22

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATT;* 0F4^ (Special Original Jurisdiction) ^ o i WEDNESDAY, THE TWENTY THIRD DAY OF APRIL | TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 10170 OF 2025 Between: Balasani Rojamma, W/o. Bikshmu, Aged about 59 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. ...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 WRIT 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 houses site for an admeasuring of 0-10 cents or eaqual to 484 Sq. Yards in Sy. No. 201, situated in Podili Village and Mandal, Prakasam District, nd nd respondent bearing No. without reference to the memo of the 2 G2/19134/2011 dt.01-12-2011. lA No: 1 OF 2025 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 houses site for an admeasuring of 0-10 cents or eaqual to 484 Sq. Yards in Sy. No. 201, situated in Podili Village and Mandal, Prakasam District, without reference to the memo of the 2 G2/19134/2011 dt.01-12-2011 pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI VENKATESWARLU GADA Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondent Nos.2 to 4: GP FOR REGISTRATION & STAMPS nd respondent bearing No. The Court made the following: ORDER APHC010194792025 HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY JHE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10170/2025 IN THE [3329] THE Between: ...PETITIONER Balasani Rojamma AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1. VENKATESWARLU GADA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: 2 V THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10170/2025 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 No.G2/19134/2011 dated 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 house site admeasuring to an extent of Ac.0.10 cents or equal to 484 sq. yards in Sy.No.201, situated in Podili village & Mandal, Prakasam District without reference to the respondent bearing No G2/19134/2011, dated 01.12.2011 and pass such other order or orders...” Heard learned counsel for the petitioner and learned Government ND memo of the 2 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; 3 ground urged by this petitioner is that when the document Is presented for registration, rejection of the same No.G2/19134/2011, dated The main based on the draft Memo 01.12.2011 with District Registrar, Ongoie vide Endorsement No.G1/1382/2011, dated 09.12.2011. The memo was Issued of the injunction orders passed by the High Court of The Madras High Court directed based on a letter in view Madras. Rev.B.M.Sudheer to the Inspector General of Stamps from 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 was 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 of the judgments Reddy V. Sub-Registrar, Shameerpeta Mandal, Ranga Reddy Districf and S.Nagi Reddy v. Joint Registrar, TirupatE. Therefore, the order impugned in this writ petition is to the law declared by the Division Bench and also W.P.No. 10721 of 2016, issued by Tahslldar or any other officer Is illegal in view of the Division Bench In P.Narasimha contrary another judgment of single Judge in dated 01.04.2016, W.P.No.34689 of 2012, dated 12.12.2012 the impugned proceedings are hereby set aside while Hence, directing the 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. 6. Having regard to the submission made by the learned counsel for the learned Government Pleader for the respondents, on perusal of petitioner and the order dated 30.01.2020 passed by this Court in W.P.No. 1981 of 2020 4 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 hereby set aside; are ii) Further, the respondent authorities are directed to receive and register the document presented by the petitioner for registration in respect of the house site admeasuring to an extent of 0-10 cents 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// SECTION OFFICER To, 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. gi HIGH COURT DATED:23/04/2025 ORDER WP.No.10170 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS