IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11985 OF 2025 Between: Karlapudi Sri Hari,, S/o Karlapudi Jayramaiah, Aged about 46 Years Occupation Contractor, Door No. 9-8-11, Park Street, Sullurupet Town and Mandal, Tirupati. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Commissioner and IG of Stanips and Registration, A.P Secretariat, Velagapudi, Amaravathi Guntur District. 2. The District Registrar, Tirupathi, Andhra Pradesh. 3. The Sub-Registrar, Sullurpeta, Andhra Pradesh. ...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 an order. Writ or Direction more particularly nature of Writ of Mandamus declaring the endorsement dated 28.04.2025 issued by the 3^^ Respondent, refusing to process and register the Settlement deed(Trans ID 2509131745841395), executed in favour of the Petitioner by the Settlors, on the ground that schedule property mentioned in the Settlement deed is notified as Notional Khata Number and that the in the Pattadhar name is also not tallied, is illegal, arbitrary, without jurisdiction and contrary to Stamps and Registrations Act 1908 and also the same and direct the respondent to to set aside process and register the Settlement deed dated 28.04.2025 executed by the Karlapudi Jayaramalah and Karlapudi Venkatarathnam in favour of the Petitioner in respect of the property admeasuring 158.88 square yards out of total extent of 3.83 pents in Door No. 9-5-81/1, Assessment No. 1152010887 in Sy.No.14/1, situated at Tirupathi District, Sullurpeta Village, Sullurpeta Municipality, Nellore District. M- ■ if' 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 suspend the endorsement dated 28.04.2025 passed by the 3rd Respondent and direct the 3'’^ Respondent herein to receive and register the Settlement deed (Trans ID 250913174584139) pending disposal of the above writ petition. Counsel for the Petitioner: SRI RAM BABU DEVAVARAPU Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following order: 1 NV,J W.P.No.11985 of 2025 APHC010241832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11985/2025 Between; Karlapudi Sri Hari, ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT{S) 1. RAM BABU DEVAVARAPU Counsel for the Respondent(S); 1.GP FOR REGISTRATION AND STAMPS The Court made the following: NV,J W.P.No.11985 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11985/2025 ORDER: 1. The Writ Petition is filed under Article 226 of the Constitution of India, claiming the following relief; To issue Writ of Mandamus under Article 226 of the oo ^he endorsement dated 28.04.2025 issued by the 3rd Respondent, refusing to process and register the Settlement deedfTrans ID 2509131745841395), executed in favour of the Petitioner by the Settlors, on the ground that schedule property mentioned in the Settlement deed is notified as Notional Khata Number and that the Pattadhar name is also not tallied, is illegal, arbitrary, without jurisdiction and contrary to Stamps an4 Registrations Act 1908 and also to set aside the same and direct the 3rd respondent to process and register the Settlement deed dated 28.04.2025 executed by the Karlapudi Jayaramaiah and Karlapudi Venkatarathnam in favour of the Petitioner in respect of the for property admeasuring 158.88 sguare yards out of total extent of 3.83 cents in Door No 9-5-81/1 Assessment No. 1152010887 in Sy.No.14/1, situated at Tirupathi District, Sullurpeta Village, Sullurpeta Municipality Nellore District 2. The case of the petitioner is that, the Settlement Deed presented before the Sub-Registrar for registration, the schedule property mentioned in the Settlement Deed is notified as Notional Khata Number and the pattadar name is also not tallied. As per instructions of the NV,J W.P.No.11985 of 2025 General of Registration and Stamps vide the lands which were recorded Commissioner and Inspector dated 12.08.2016 not to register Memo with Notional Khata Survey Numbers. Hence, the document was rejected f land at Pahani the executants to change the nature o Endorsement dated 28.04.2025, the and suggested to and 1-B Register. Challenging the present writ petition is filed. 3, The learned counsel for the petitioner, further submits that the 3' authority under the provisions of Registration respondent is the statutory Act, 1908(for short 'the Act'), he is empowered to refuse the registration, if the lands falls in any of the categories specified under clauses (A to D) A of the Act. He submits that the land in question does not of Section 22- of the clauses under Section 22-A of the Act and that it is also fall in any list. As such, it is not refuse the registration on the ground the not included in the prohibited properties category to the respondent to land is shown in ‘notional katha open He also contends that mere mentioning affect the right of the pattadar to sell the cannot be taken as basis to refuse registration. in ‘Notional Khata’ does not property and the same submits that Rule 26(3) of Passbooks Rules, 1989 (hereinafter that obtaining pattadar learned counsel for the petitioner The A.P.Rights in Land and Pattadar Rules, 1989) contemplates referred to as 4 NV,J W.P.No.11985 of 2025 passbooks and title deeds is not compulsory for the pattadars and owners. Further that the registering authority shall not insist for production of title deed-cum-pattadar passbook for any transaction in respect of the land. He accordingly urges for granting the relief as prayed for. 4. On a due consideration of matter, this Court finds force in the submissions made by the learned counsel for the petitioner with reference to Rule 26(3) of the Rules, 1989 which reads thus: “Rule 26 (3): It shall not be compulsory for the pattadar and owners to obtain title deed-cum-pattadar pass books. It will be optional as per discretion of the Pattadar/Owner. The Registration authority under the Registration Act, 1908 shall not insist for production of title deed-cum-pattadar pass book for any transaction in respect of the land. Similarly, no credit agency shall insist for production of title deed-cum-pattadar pass book for the purpose of sanction or discharge of loan.” \ \ 5. A reading of the Rule extracted above makes it clear that obtaining pattadar pass books and title deeds is optional and the Registration authority shall not insist for production of the same. In view of the undisputed Rule position, there is no justification for not registering the document on the ground of that the land is shown under ‘Notional Khata’. m V - 5 \»«i NV,J W.P.No.11985 of 2025 6. Therefore, this Court is inclined to dispose of the Writ Petition with a direction to the 3'^^ respondent to register the document in respect of the subject matter land, if the same is otherwise in compliance with the provisions of the Act, in the light of Rule 26(3) of the Rules, 1989, within a period of four (4) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No order as to costs. 7. 8. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SURYANADH REDDY DEPUTY REGISTRAR //TRUE COPY// rSECTION OFFICER To, 1. The Commissioner and IG of Stamps and Registration, State of Andhra Pradesh, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Registrar, Tirupathi, Andhra Pradesh. 3. The Sub-Registrar, Sullurpeta, Andhra Pradesh. 4. One CC to Sri Ram Babu Devavarapu, Advocate [OPUC] 5. Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED:05/05/2025 ORDER WP.No.11985 of 2025 DISPOSING OF THE WP WITHOUT COSTS