GUNIPATI MADHUSUDHAN RAO v. THE STATE OF ANDHRA PRADESH
WP/9420/2025 · 2025-04-09
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45288 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45288 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9420 OF 2025 Between: Gunipati Madhusudhan Rao, S/o. Venkata Subba Rao, Aged 35 years Occ Cultivation, R/o, D No. 3/193, Nagulamanu Street, Rajampet 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 Rayachotj.
3. The Sub Registrar, 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 may be pleased to issue a writ,
order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2nd respondent in not deciding the petitioners Appeal No. 7 of 2024, dt. 09.07.2024 filed under Section 72 of the Registration Act,
J r 1908 against Registration Refusal Order vide Refusal No. 4 of 2024 03.07.2024 passed by 3rd respondent, in respect of Pending Document No. 4 of 2024, dt. 26.6.2024 passed by the 3rd 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. 4 of 2024 dt. 26.6.2024 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 2nd respondent under the provisions 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. dt. lA NO: 1 OF 2025 Petition under Section 151 CPC that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd respondent to decide the petitioners Appeal No.7 of 2024, dt. 09.07.2024 filed under Section 72 of the Registration Act. 1908 against Registration Refusal Order vide praying Refusal No. 4 of 2024, dt. 03.7.2024 passed by 3rd respondent pending disposal of the main Writ Petition.
Counsel for the PetitionerSRI PETLURI NAGA RAJU Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER
APHC010181012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ES 0i>:4S [3329] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9420/2025 Between: ...PETITIONER Gunipati Madhusudhan Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
TPETLURI NAGA RAJU Counsel for the Respondent{S):
1.GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER: India This Writ Petition is filed under Article 226 of the Constitution of 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 2nd respondent In not deciding the petitioners Appeal No 7 of 2024 dt 09 07 2024 filed under Section 72 of the Registration Act 1908 against Registration Refusal Order vide Refusal No 4 of 2024 dt 03 07 2024 passed by 3rd respondent In respect of Pending Document No 4 of 2024 dt 26 6 2024 passed by the 3rd 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
k; Pending Document No 4 of 2024 dt 26 6 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 iiiegal irreguiar irrational and amounts to non discharge of legal obligation conferred on the 2nd respondent under the provisions 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 or orders...” Heard the
learned counsel for the petitioner and the learned
2. Government Pleader for the respondents. The learned counsel for the petitioner submits that the petitioner is the
3. absolute owner and possessor of the subject property, admeasuring to an extent of 235.46 square yards out of an extent of 10 cents out of total an 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. Then petitioner being a prospective purchaser of the subject property, presented the document for registration before the 3rd respondent on 26.07.2024. However, the proposed registration was refused by the 3rd respondent, vide Refusal Order dated
03.07.2024. Aggrieved by the refusal order dated 03.07.2024, the petitioner preferred an Appeal No. 7 of 2024, dated 09.07.2024, before the 2 nd respondent. Even though the petitioner preferred an appeal assailing the order respondent neither nd of refusal passed by the 3rd respondent, the 2
V considered the appeal nor issued any other proceedings. Hence, the present writ petition. On the other hand, the learned Assistant Government Pleader for the
4. respondents submits that since Appeal No. 7 of 2024, dated 09.07.2024, is nd respondent, the respondents will consider the appeal pending before the 2 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 and the learned Assistant Government Pleader for Revenue petitioner 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 nd respondent to consider the appeal No. 7 of 2024,
disposed of directing the 2 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. With the above said direction, the Writ Petition is disposed of. There
6. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
VIJAYA BABU REGISTBAK Sd/-A assistant SECTt<S opncER //TRUE COPY// To, Principal Secretary, State of Andhra Pradesh, Revenue and Registration) Department, Secretariat, Velagapudi
1. The (Stamps Amaravati, Guntur District.
3
2. The District Registrar, Annamaiah District at Rayachotj.
3. The Sub Registrar, Rajampet Sub-Registrars Office, Annamaiah District, Erstwhile YSR Kadapa District.
4. The Inspector General of Stamps and Registration Department, Vijayawada, Krishna District.
5. One CC to SRI. PETLURI NAGA RAJU, Advocate [OPUC]
6. Two CCs to GP FOR REGISTRATION AND STAMPS. High Court of Andhra Pradesh. [OUT]
7. Three C.D.Copies nm
4 HIGH COURT DATED: 10/04/2025
ORDER WP.No.9420 of 2025 DISPOSING OF THE WP WITHOUT COSTS