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High Court of Andhra Pradesh · body

2025 DAILYLAW 48828 (AP)

MERI JAYAMMA v. State of Andhra Pradesh

WP/32077/2025 · 2025-11-18

D Ramesh

body2025

Judgment text

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APHC010615412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 32077/2025 Between: 1. MERI JAYAMMA, W/O. RAJANNA, AGED ABOUT 64 YEARS, R/O. KAMALAPURAM TOWN AND MANDAL, YSR KADAPA DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT. 3. THE TAHASILDHAR, CHINTAKOMMADINNE, CHINTAKOMMADINNE MANDAL, YSR KADAPA DISTRICT. 4. SUB REGISTRAR, KADAPA SUB-REGISTRAR'S OFFICE YSR KADAPA DISRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India 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 the 4th respondent in not receiving the document that to be presented by the petitioner for registration of land to an extent of Ac. 2.50 cents in Sy.No. 496/2 situated in Mamillapalli Revenue Village, CK Dinne Mandal, YSR Kadapa District as illegal, irregular, irrational. Violative of Article 300 A of the Constitution of India, violative of the provisions of Registration Act, 1908 and consequently direct the 4th respondent to register, process and release the document as and when presented by the petitioner and pass…= 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4. 3. The present Writ Petition is filed, aggrieved by the action of respondent No. 4 in refusing to receive the document presented by the petitioner for the registration of land admeasuring for registration of land to an extent of Ac. 2.50 cents in Sy.No. 496/2 situated in Mamillapalli Revenue Village, CK Dinne Mandal, YSR Kadapa District, which action is illegal, arbitrary, and in contravention of the provisions of the Registration Act, 1908. 4. During hearing, the learned counsel for the petitioner submits that the subject matter of the Writ Petition is squarely covered by the order of this Court dated 19.08.2015 in W.P. No. 26437 of 2015. He also relied upon G.O.Ms. No. 279 dated 04.07.2016, wherein paragraph 3 clearly stipulates that no NOC is required in cases of assignment under the ex-servicemen quota and for freedom fighters once the prescribed period of years has elapsed. In the present case, the father of the petitioners was granted DKT patta in the year 1993 under the ex-servicemen quota, and consequently, the requirement of obtaining a NOC is no longer applicable in the present case. 5. Learned Government Pleader did not oppose the said submission. 6. Having regard to the facts and circumstances of the case and considering the submissions and in the light of the above order of this Court, the respondent No.4 is directed to receive and process the document presented by the petitioners pertaining to the subject property, if it is otherwise in compliance of the provisions of the Indian Registration Act, 1899. If the Sub Registrar refuses to register, he has to pass reasoned order as mandated under Section 71 of the Indian Registration Act, so as to enable the petitioner to prefer an appeal under Section 72 of the Indian Registration Act. 7. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the parties. No costs. Miscellaneous petitions pending if any, shall stand closed. ________________________ JUSTICE D. RAMESH 19.11.2025 klk 55 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.32077 of 2025 19.11.2025 kkllkk