KOMMINENI VIAJAYALAKSHMI v. THE STATE OF ANDHRA PRADESH
WP/31632/2025 · 2025-12-02
D Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49107 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49107 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010608162025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31632/2025 Between:
1. KOMMINENI VIAJAYALAKSHMI, W/O LATE UMA MAHESWARA RAO, HINDU, AGED 65 YEARS. PLOT NO 252, D NO17-239/1, GANESH SEVA SANGAM COLONY, VISAKHAPATNAM 530204. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
REVENUE (STAMPS AND REGISTRATION),
VELAGAPUDI,AMARAVATI, GUNTUR DISTRICT, AP,
2. JOINT SUBREGISTRAR, MADHURAWADA, VISAKHAPATNAM DIST. 3. VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA, REP. BY ITS COMMISSIONER AND VICE CHAIRMAN, C/O METROPOLITAN REGION DEVELOPMENT AUTHORITY, VMRDA, VISAKHAPATNAM. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High
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Court may be pleased to issue a writ, order or direction, more particularly a writ in the nature of mandamus to declare the endorsement Proceedings of the 2nd respondent dt.28.10.2022 intimating ban on registration of house site plots situated in Sy. No. 34 and 35 of Rushikonda Village covered by L.P No. 36/2009, Sy. No. 370 and 371 of Madhurawada Village covered by L.P. No. 16/2011 and Adibatia Nagar Layout in S.Nos 105/P and 106/Part of Yendada Village within the limits of Greater Visakhapatnam Municipal Corporation basing on a letter addressed to it by the 3rd respondent in Rc.No.5973/09/1-1/Dt.12.4.2012, as arbitrary, illegal and consequently direct the 2nd respondent to receive and process the conveyance deeds of the Petitioners house site plots for registration without reference to the impugned letter dt. 12.04.2012 as and when presented to it, and pass IA 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 Pleased to direct the 2nd Respondent to receive and process to Register the conveyance deeds in respect of the house site plots of the Petitioners situated in Sy. No. 34 and 35 of Rushikonda Village covered by L.P. No. 36/2009, Sy. No. 370 & 371 of Madhurawada Village covered by L.P. No. 16/2011 and Adibatia Nagar Layout in S.Nos.105/P and 106/Part of Yendada Village within the limits of Greater Visakhapatnam Municipal Corporation pending disposal of the above Writ Petition and to pass Counsel for the Petitioner:
1. INENI VENKATA PRASAD Counsel for the Respondent(S):
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GP FOR REGISTRATION AND STAMPS The Court made the following:
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ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
<to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declare the endorsement Proceedings of the 2nd respondent dt.28.10.2022 intimating ban on registration of house site plots situated in Sy.No.34 and 35 of Rushikonda Village covered by L.P No. 36/2009, Sy. No. 370 and 371 of Madhurawada Village covered by L.P. No. 16/2011 and Adibatia Nagar Layout in S.Nos. 105/P and 106/Part of Yendada Village within the limits of Greater Visakhapatnam Municipal Corporation basing on a letter addressed to it by the 3rd respondent in Rc.No.5973/09/1- 1/Dt.12.4.2012, as arbitrary, illegal and consequently direct the 2nd respondent to receive and process the conveyance deeds of the Petitioners house site plots for registration without reference to the impugned letter dt.12.04.2012 as and when presented to it, and pass….=
2. Heard Mr. Ineni Venkata Prasad, learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. During the course of hearing, 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 passed in W.P.No.26437 of 2015. 4. Learned Assistant Government Pleader did not oppose the said submission. 4
5. 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 respondents concerned are directed to receive and process the document presented by the petitioner pertaining to the subject property, if it is otherwise in compliance of the provisions of the Indian Registration Act, 1908.
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. 6. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the parties. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH
03.12.2025 RD
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THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.31632 OF 2025 03.12.2025 RD