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2025 DAILYLAW 45479 (AP)

VANKADARU HARIKRISHNA v. THE STATE OF ANDHRA PRADESH

WP/9378/2025 · 2025-04-09

Venkateswarlu Nimmagadda

body2025

Judgment text

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\ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9378 OF 2025 Between: Vankadaru Harikrishna, S/o Subhashchandra Bose, Age 43 yrs R/oD.No.74-24-24/1, Dhanekulavari Veedhi, Ashok Nagar, Vijayawada. ...PETITIONER AND The State of Andhra Pradesh, rep by its PrI. Secretary, Registration and Stamps Department, Secretariat, Velagapudi, Amaravati Guntur District. The District Registrar, NTR District, Patamata, Vijayawada The Sub-Registrar, Patamata Registration Office Patamata, Vijayawada M/s Mahalakshmi Auto Ventures, rep by its Managing Partner, Adusumilli Sakunta Mohan @ Nandu, S/o Late Mohan Ram Das, Age not known, R/o D.No.40-26/1-15, Sri ram Nagar,Beside Mahitha Public School, Venkateswarapuram, Vijayawada. Ramayanapu Koteswara Rao, Age 40 yrs, S/o Ramayanapu Prasad, R/o D.N0.59A-21/7-1/3, Kanaka Durga Colony, R.R.Gardens, Pantakaluva Road Patamata, Vijayawada. 1. 2. 3. 4. 5. ...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 order, direction more particularly one in the nature of Writ of Mandamus in not taking action on the petitioners representation to 2"'^ and 3'^'^ respondents Dt.03/04/2025 to keep the schedule property situated in R.S.No.223/10, Municipal Ward No.10 Old Asst. No.31600/26, New Asst. No.245851, D.No.74-24-23 an extent of 193.6Sq.yards executed w / ^ by the petitioner No.8724/2017,8725/2017,8726/2017 through Registered at 3rd respondent's office on 22/11/2017 in Dispute register as the 5th respondent with the active support of 4*^ respondent (who has already executed a sale deed in favor of Shaik Document Nagul Basha and Parveen despite there is Status Quo Order from the Court) trying to dispose the property despite there is a Status Quo Order passed by the IV AJCJC, Vijayawada in I.A.No.681/2024 of OS.No. 1429/2024 and consequently direct the respondent to keep the schedule property situated in R.S.No.223/10, Municipal Ward No.10 Old Asst. No.31600/26, New Asst. No.245851, D.No.74-24-23 an extent of 193.6Sq.yards executed by the petitioner through Document No.8724/2017, 8725/2017, 8726/2017, registered at the 3'"^ respondent's office on 22/11/2017 in the dispute register till the disposal of OS.No.1429/2024 on the file of IV Addl. Junior Civil Judge Court, Vijayawada. 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 3'^'^ respondent not to entertain any further registrations by way of Sale/Mortgage/Deposit of Title Deeds for the land covered in R.S.No.223/10, Municipal Ward No.10 Old Asst.No.31600/26, New Asst. No.245851, D.No.74-24-23 an extent of 193.6Sq.yards through Document No.8724/2017,8725/2017,8726/2017, registered at the 3^^ office on 22/11/2017, pending disposal of the above writ petition Counsel for the Petitioner: SRI J. RAVI KUMAR Counsel for the Respondent Nos.1 to 3: GP FOR STAMPS & REGISTRATION respondent's Counsel for the Respondent Nos.4 & 5:— The Court made the following: ORDER V APHC010185932025 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: 9378/2025 Between: 1.VANKADARU HARIKRISHNA, S/0 SUBHASHCHANDRA BOSE, AGE 43 YRS R/OD.NO.74-24-24/1, DHANEKULAVARI VEEDHI, ASHOK NAGAR, VIJAYAWADA. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI.SECRETARY, REGISTRATION AND STAMPS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE DISTRICT REGISTRAR, NTR DISTRICT, PATAMATA, VIJAYAWADA 3.THE SUBREGISTRAR, PATAMATA REGISTRATION OFFICE PATAMATA, VIJAYAWADA 4.M/S MAHALAKSHMI AUTO VENTURES, REP BY ITS MANAGING PARTNER, ADUSUMILLI SAKUNTA MOHAN @ NANDU,S/0 LATE MOHAN RAM DAS, AGE NOT KNOWN, R/0 D.NO.40-26/1-15, SRI MAHITHA PUBLIC RAM NAGAR,BESIDE SCHOOL,VENKATESWARAPURAM, VIJAYAWADA. 5.RAMAYANAPU KOTESWARA RAO, AGE 40YRS S/0 RAMAYANAPU PRASAD, R/0 D.N0.59A-21/7-1/3, KANAKA DURGA COLONY, R.R.GARDENS, PANTAKALUVA ROAD PATAMATA, VIJAYAWADA. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1.J RAVI KUMAR Counsel for the Respondent{S): 1.GP FOR REGISTRATION AND STAMPS This Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue order,direction more particularly one in the nature of Writ of Mandamus in not taking action on the petitioners representation to 2nd and 3rd respondents Dt.03/04/2025 to keep the schedule property situated in R.S.No.223/10, Municipal Ward No. 10 Old Asst. No. 31600/26, New Asst. No. 31600/26, New Asst. No.245851, D.No.74-24-23 an extent of 193.6Sq.yards executed by the petitioner through Registered Document No.8724/2017,8725/2017,8726/2017 at 3rd respondent's office on 22/11/2017 in Dispute register as the 5th respondent with the active support of 4th respondent (who has already executed a sale deed in favor of Shaik Nagul Basha and Parveen despite there is Status Quo Order from the Court) trying to dispose the property despite there is a Status Quo Order passed by the IV AJCJC, Vijayawada in LA.No.681/2024 of OS.No. 1429/2024 and consequently direct the 3rd respondent to keep the schedule property situated in R.S. No.223/10, Municipal Ward No.10 Old Asst. No.31600/26, New Asst. No.245851, D.No.74- 24-23 an extent of 193.6Sq:yards executed by the petitioner through Document No.8724/2017, 8725/2017, 8726/2017, registered at the 3rd respondent's office on 22/11/2017 in the dispute register till the disposal of OS.No. 1429/2024 on the file of IV Add!. Junior Civil Judge Court, Vijayawada and to pass...” Heard learned counsel for the petitioner and learned Assistant Government Pleader. 2. 3. The learned counsel for the petitioner submits that petitioner is the rightful owner of the subject property situated in R.S.No.223/10, Municipal Ward No. 10, Old Assessment No.31600/26, New Assessment No.245851, R D.No.74-24-23 to an extent of 193.6 square yards through registered documents. Even though a civil court has passed a status quo order in O.S. No. 1429/2024 to prevent any changes to the property, the 4‘^ and 5'^^ respondents are trying to sell or deal with the property illegally. The petitioner submitted a representation on 03.04.2025 to the 2"^ and 3^*^ respondents (government officials) asking them to mark the property as “under dispute” to stop any further transactions. However, the officials have not taken any action. Aggrieved by the same, the present Writ Petition is filed. The Learned Assistant Government Pleader would petitioner may submit a detailed representation afresh, and the 4 submit that the same may be duly considered by the respondent authorities by providing an opportunity for a hearing to the petitioner. Having regard to submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader, on perusal of the material on record, this Writ Petition can be disposed of directing the petitioner to submit a detail representation along with the order of Status-quo said to have been passed by the Civil Court to the 3'"^ respondent herein within a period of two weeks from the date of receipt of copy of this order. Upon perusal of the documents and representation submitted by the petitioner herein, the 3'"' respondent shall consider the same and pass appropriate orders accordance with law within a period of four (4) weeks thereafter, by providing an opportunity of hearing to the petitioner and other stake holders including the unofficial respondents. 5. in 4 With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Secretary, Registration and Stamps Department, State of Pradesh, Secretariat, Velagapudi, Amaravati Guntur District. 1. ThePrI. Andhra 2. The 3. The Sub-Registrar 4. One CC to Sri J. Ravi Kumar, Advocate [OPUC] CCs to GP for Stamps and Registration, High Court of Andhra District Registrar, NTR District, Patamata, Vijayawada Patamata Registration Office Patamata, Vijayawada 5. Two Pradesh. [OUT] 6. Three CD Copies. ssb i HIGH COURT DATED:10/04/2025 ORDER WP.No.9378 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS