PRALAYAKAVERI VENKATARAMA REDDY v. THE STATE OF AP
WP/33788/2022 · 2025-04-01
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45384 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45384 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 33788 OF 2022 Between:
1. Pralayakaveri Venkatarama Reddy, S/o Late Thurkanam Reddy, Aged about yrs, Occ; Agriculturist, R/o D.No.10-77, Mangalam Village Tirupati Urban Mandal, Tirupati District
2. Pralayakaveri Bhaskar, S/o Venkatarama Reddy Occ: Agriculturist, Aged about yrs, R/o D.No. 10-77, Mangalam Village, Tirupati Urban Mandal, Tirupati District
3. Pralayakaveri Sujatha, D/o Venkatarama Reddy Aged Agriculturist, D.No. 10-77, Mangalam Village, Tirupati Tirupati District 4, Pralayakaveri Krishnaveni, D/o Venkatarama Reddy, Aged about yrs, Occ Agriculturist, D.No. 10-77, Mangalam Village Mandal, Tirupati District
5. Pralaykaveri Subramanyam, S/o Late P. yrs, Occ Agriculturist, R/o D.No. Urban Mandal, Tirupati District. about yrs, Occ: Urban Mandal, Tirupati Urban Bhaktavatsalam, Aged about 10-48, Mangalam Village Tirupati ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, (Registration and Stamps) Department, Secretariat Amaravathi, Guntur District. 2. The District Registrar, Registration and Stamps Tirupathi, Tirupati District. Revenue Velagapudi, Sri Balaji District,
3. The Joint Sub Registrar, Registration and Stamps, Renigunta, Tirupati '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, directing the 3 document - which was assigned P.No.890/2021 in BK -1 CS. No. rd respondent to register the 4578/2021 and consequently set aside the refusal order of the above registration dated 31-01-2022 as being illegal, arbitrary, without jurisdiction, violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and further direct the 3'"'^ respondent to register and release any further document/s that may be presented on the strength of the said sale deed dated 22-07-20021 more fully referred herein. receive lA NO: 1 OF 2022 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 2 nd respondent to take steps to coordinate with effectuating the registration of Doc. No. PNo.890 of 2021-BK -1 CS No! 4578/2021 of the file of the 3"'^ Respondent pending disposal of the main Writ Petition.
Counsel for the Petitioners; SRI SOORA VENKATA SAINATH Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE(STAMPS AND REGISTRATION) The Court made the following: ORDER
1 APHC010552062022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 33788/2022 Between: ...PETITIONER(S) Pralayakaveri Venkatarama Reddy and others AND ...RESPONDENT(S) The State of AP and others Counsel for the Petitioner(S);
1 .SOORA VENKATA SAINATH Counsel for the Respondent(S):
1.GP FOR REVENUE
% The Court made the following order; It is the case of the petitioner that, the petitioner filed suit in O.S.No.510 of 2012 on the file of I Additional Judicial First Class
1. Magistrate, Tirupati seeking permanent injunction No.1 to 4 herein in respect of land extent of Ac.0.07 cents in Sy.No.21/3 apart against the petitioners admeasuring to an from other lands. Upon contest, the said suit was decreed by dated 01.06.2016. Assailing that said
Judgment and Decree
Judgment and Decree, the petitioners No.1 to 4 preferred regular the file of X Additional District appeal vide A.S.No.87 of 2016 on Judge, Tirupati. After hearing the said appeal, the X Additional set aside the Judgment and Decree passed in the District Judge No.510 of 2012 by Judgment and Decree dated 21.12.2020. Thereafter, the S'*" petitioner entered into compromise with O.S. petitioners No.1 to 4 and in pursuance thereof the petitioners No.1 to 4 have agreed to alienate the above mentioned land in petitioner. Accordingly, a sale deed was prepared presented before the 3^'^ respondent. The 3^^ of Refusal No.P.890 of 2021, dated favour of the 5 and the same was respondent by Intimation refused to register the sale deed on the ground that 31.01.2022, the scheduled land is covered with temporary injunction by order
dated 21.12 2020 in AS No.87 of 2016, on the file of X Additional District Judge, Tirupati. It is further averred in the refusal order that the subject property is notified as prohibited property for registration as per the S.0.219(b) of the A.P. Registration Manual Part II. Questioning the said refusal order of the 3« respondent, the present writ petition came to be filed. specific case of the petitioner appeal was disposed of by the learned X Additional Judge, Tirupati, the S® petitioner entered into compromise with to alienate Accordingly, a sale that after the District petitioners No.1 to 4 and thereafter, they have agreed the property in favour of the 5*^ petitioner, deed was presented and the same was refused by the 3'^^ respondent by virtue of impugned order. 3. It is not in dispute that, the petitioner Nos.1 to 4 have filed Appeal vide AS No.87 of 2016 in which the Judgment and Decree passed by the Trial Court the petitioners 1 to 4 have was set aside. Subsequently compromised with 5*^ petitioner and thereafter they presented the sale deed before 3' respondent. It once the petitioner Nos.1 to 4 themselves come forward to execute sale deed in favour of the 5*'^ is pertinent to mention that respondent in view of the compromise entered into between
5
"i' them, there is no impediment for the 3'*^ respondent to register the sale deed. In view of the foregoing reasons, the impugned order dated 31.01.2022, is set aside and the 3'"^ respondent is directed
4.
to receive, register and release the sale deed presented by the petitioners, if it is in accordance with law. The said exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is Allowed. There shall
5. be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTtON OFFICER To,
1. The Principal Secretary, Revenue (Registration and Stamps) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Registrar, Registration and Stamps Sri Balaji District, Tirupathi, Tirupati District. 3. The Joint Sub Registrar, Registration and Stamps, Renigunta, Tirupati District. 4. One CC to Sri Soora Venkata Sainath, Advocate [OPUC]
5. Two CCs to GP for Revenue(Stamps and Registration), High Court of Andhra Pradesh. [OUT]
6. Three CD Copies. ssb
HIGH COURT DATED:02/04/2025
ORDER WP.No.33788 of 2022 ^ 17 JUN 2075 S ^ . Currwl Secuon ALLOWING THE W.P. WITHOUT COSTS