[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA / WRIT PETITION NO: 9874 OF 2025 Between: Dirisala Kasturi, Wife of (Late) Venkata Subba Rao, Aged about 68 years, Residing at FlatNo.405, Harika Enclave, Brodipet 6/19, Guntur ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Vijayawada. N.T.R.District, erstwhile Krishna District, 3. The Tahsildar, Tiruvuru Mandalam, Tiruvuru, N.T.R.District erstwhile Krishna district. 4. The Joint Sub-Registrar, Tiruvuru, N.T.R. District, erstwhile Krishna District, Andhra Pradesh. / ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the letter dt 25.11.2024 of the 4th Respondent (Annexure Ex. P-5) refusing to register the sale deed, dt. 19.11.2024 (annexure Ex.P-4) forwarded by the Learned Civil Judge (Senior Division) Nuzvid in Letter dated 21.11.2024 (Annexure Ex.P-3) in respect of the land in an extent of Ac.2.50 cents in R.S.No.9/1, hamlet of Ramannapalem Village, Kakarla Gram Panchayat, Tiruvuru Mandal, N.T.R.District erstwhile Krishna District as arbitrary illegal without jurisdiction and void and in violation of principles of natural justice in violation of Articles 14 and 300-A of Constitution of India and consequently direct the 4th respondent to receive, register and release the Sale deed dated 19.11.2024 in favour of the Petitioner in respect of the property of Ac.2.50 cents in R.S.No.9 /I, hamlet of Ramannapalem Village, Kakarla Gram Panchayat, Tiruvuru Mandal, N.T.R.District erstwhile Krishna District lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to provisionally to receive, register and release the document presented by the petitioner in respect of land in an extent of Ac. 2.50 cents in R.S.No.9/1, hamlet of Ramannapalem Village, Kakarla Gram panchayat Tiruvuru Mandal N.T.R.District erstwhile Krishna District. Counsel for the Petitioner{s):SRI. KRISHNA RAO PARITALA Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following: ^' 1 APHC010187392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 05B [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9874/2025 Between: Dirisala Kasturi, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KRISHNA RAO PARITALA Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: ♦V. 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9874/2Q2fi ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: may be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the letter dt 25.11.2024 Respondent (Annexure Ex.P5) refusing sale of the 4"'’ to register (annexure Ex.P4) forwarded by the Learned Civil Judge Senior Division Nuzvid in Letter, dated 21.11.2024 (Annexure respect of the land in an extent of Ac. 2.50 cents in R.S.No.9/1 hamlet of Ramannapalem Village, Kakarla Gram Panchayat, Tiruvuru Mandal N.T.R District erstwhile Krishna District arbitrary, illegal without jurisdiction and void and in violation of principles of natural Justice in violation of Articles 14 and 300- A of Constitution of India and consequently direct the 4‘^ respondent to receive, register and release the Sale deed dated 19.11.2024 in favour of the Petitioner in respect of the property of Ac.2.50 cents in R.S.No.9/1 hamlet of Ramannapalem Village, Kakarla Gram Panchayat, Tiruvuru Mandal N. T.R District erstwhile Krishna District and pass...” the deed dt 19.11.2024 EX.P3) in as 2. The case of the petitioner is that the husband of the petitioner instituted a suit in O.S.No.344 of 2015 on the file of Hon’ble Civil Judge (Senior Division), Nuzvid for relief of specific performance and permanent injunction in respect of the land measuring an extent of Ac.2.50 cents in R.S.No.9/1 of Ramannapalem Village, Kakarla Gram Panchayat, Tiruvuru Mandal District and the said suit was decreed in favour of her husband. Thereafter, during pendency of the Execution Petition filed by the petitioner’s husband vide E.P.No.33 of 2017 before the Senior Civil Judge, Nuzvid, he passed away leaving behind a Will, dated 11.06.2021 bequeathing the schedule property and other properties in favour of the petitioner. After elaborate enquiry, the learned Senior Civil Judge prepared the sale deed on behalf of the defendant in the said suit and sent it for registration to the 4 N.T.R respondent through a Letter, dated 21.11.2024. But, the 4^^ respondent did not register the document on the ground that Sy.No.9/1 of Ramannapalem Village party name was not reflected in the Web Land and the same was forwarded to the learned Civil Judge through the Letter, dated 25.11.2024. Aggrieved by the same, the present Writ Petition is filed. 3. The learned counsel for the petitioner submits that the learned Senior Civil Judge prepared the Sale Deed, dated 19.11.2024 on behalf of the defendant and sent it for registration to the 4'" respondent through a Letter, dated 21.11.2024. But, the 4‘^ respondent without examining the Sale deed, dated 19.11.2024 refused to register the said document on the ground that the party name was not reflected in the Web Land revenue entries of Ramannapalem Village which is illegal and arbitrary. He further submits that in similar set of facts, this Court has passed an order, dated 18.11.2005 in W.P.No.8101 of 1996 and prayed this Court to pass a similar order in this writ petition also. 4 Learned Government Pleader does not refute the submission made by 4. the learned counsel for the petitioner. Heard learned counsel for the petitioner and learned Government 5. Pleader appearing for the respondents. The relevant paragraphs of the order passed in W.P.No.8101 of 1996 6. are extracted hereunder; The decree in a suit for specific performance filed by the purchaser against the vendor can be executed even if the vendor has not title to the land agreed to be sold by him because vendor cannot take a defence that he has no title to the land agreed to be sold by him, registration of the document per se would not convey title to the land covered by the sale deed to the purchaser in view of the rule Nemo date Qua non habit(No one can convey a better title than what he has). Section 22-A of the Registration Act, introduced by virtue of A.P Amendment Act 4 of 1999 lays down that when the State Government declares that registration of any document or class of documents Is opposed to public policy only can be registering officials can refuse to register the document presented for registration. In respect of documents presented for registration prior to the introduction of Section 22-A of the Registration Act, no registering officer can refuse to registration of a document on the ground that the vendor has no title to the land covered by the sale deed or on the ground that the land covered by the sale deed or on the ground that the land covered thereby belongs to a third party. The contention that registration of the document can be refused in view of the provisions of 1977 Act cannot be accepted because that Act applies only to assigned lands. It is nobody’s 7. 5 case that the land covered by the sale deed executed in favour of the petitioner is an assigned land. Even assuming that it is a assigned land, if it is transferred in breach of the conditions relating to alienation, the 2""' respondent can always Invoke the provisions of the said Act and take possession of the property under the said Act. But he cannot object to registration of the document executed in pursuance of a decree obtained by the petitioner in a civil Court in a suit for specific performance. If the Government feels that It, but not the petitioner or his vendor that are the owners of the property, they can by taking recourse to due process of law obtain possession thereof 8. Since the document presented before the 1^^ respondent was executed in pursuance of a decree for specific performance obtained in a civil court and since the question of title of the property covered by the sale deed cannot be gone into and decide by the respondent, his refusal to register the document is improper. 9. Hence, the Writ Petition is allowed. Rule Nisi Is made absolute. respondent is directed to register the document executed in favour of the petitioner. Parties are directed to bear their own costs of this petition." 7. Having regard to the submission made by the learned counsel for the petitioner and learned Government Pleader for the respondents, on perusal of the order dated 18.11.2005 passed by this Court in W.P.No.8101 of 1996, this Court is of the considered view that the present writ petition can be disposed of in terms of the said order. Accordingly, the 4*^ respondent is directed to receive, register and release the sale deed, dated 19.11.2024 in favour of the petitioner in respect 8. of the property of Ac.2.50 cents in R.S.No.9/1, hamlet of Ramannapalem Village, Kakarla Gram Panchayat, Tiruvuru Mandal, N.T.R District erstwhile Krishna District, within a reasonable time i.e. not later that eight weeks from the date of receipt of copy of this order 9. With the above directions, the Writ Petition i be no order as to costs. IS disposed of. There shall Consequently, Miscellaneous Potition shall stand closed. Petitions, if any, pending in this Writ Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue (Registration Department, State of and Stamps) Secretariat Buildings, Messenger] erstwhile Krishna District, , Andhra Pradesh, ^ Velagapudi, Amaravati, Guntur District.[By Special 2. The District Collector Vijayawada. N.T.R. District, 3. The Tahsildar, Tiruvuru Mandalam Krishna district. 4. The Joint Sub-Registrar, Tiruvuru, N.T.R. District, erstwhile Krishna District, Andhra Pradesh.[2 TO 4 by RPAD] 5. OneCCto SRI. KRISHNA RAO PARITALA Advocate 6. Two CCs to GP FOR REGISTRATION Andhra Pradesh. [OUT] 7. Three CD Copies Tiruvuru, N.T.R.District erstwhile [OPUC] AND STAMPS ,High Court Of HIGH COURT DATED;06/05/2025 ORDER WP.No.9874 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS