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2025 DAILYLAW 49392 (AP)

NAGOTHU RAMAIAH v. THE STATE OF ANDHRA PRADESH

WP/26640/2025 · 2025-12-02

D Ramesh

body2025

Judgment text

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APHC010514432025 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: 26640/2025 Between: 1. NAGOTHU RAMAIAH, S/O. PICHAIAH, AGED 73 YEARS, OCC AGRICULTURIST, R/O. DOOR NO. 4/11, RAMPAVARIPALLI VILLAGE PULLAMPET MANDAL, ANNAMAIAH DISTRICT. 2. NAGOTHU SURENDRA BABU, S/O. RAMAIAH AGED 40 YEARS, OCC AGRICULTURIST, R/O. DOOR NO. 4/11, RAMPAVARIPALLI VILLAGE, PULLAMPET MANDAL, ANNAMAIAH DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT REGISTRAR, ANNAMIAH DISTRICT AT RAYACHOTI. 3. SUB REGISTRAR, PULLAMPET SUB-REGISTRARS OFFICE, PULLAMPET, ANNAMIAH DISTRICT. ...RESPONDENT(S): 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 2 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in passing the refusal order in Refusal No.08/2025 dt.27.6.2025 in pending document no. 11 Of 2025 wherein the 3rd respondent refused to register the settlement deed dated 24.06.2025 presented by the petitioners as illegal, irregular, irrational, violative of the provisions of Registration Act, 1908 and Offends Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent to register, process and release the Pending document No. 11 of 2025 by setting aside the refusal order passed by the 3rd respondent dated 27.06.2025 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 to direct the 3rd respondent to receive, register and release the pending document no.11 of 2025 presented by petitioners forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. NAVULURU KRISHNA SAI Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: 3 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 declaring the action of the 3rd respondent in passing the refusal order in Refusal No.08/2025 dt.27.6.2025 in pending document no. 11 of 2025 wherein the 3rd respondent refused to register the settlement deed dated 24.06.2025 presented by the petitioners as illegal, irregular, irrational, violative of the provisions of Registration Act, 1908 and Offends Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent to register, process and release the Pending document No.11 of 2025 by setting aside the refusal order passed by the 3rd respondent dated 27.06.2025 and pass….= 2. Heard Mr. N.Krishna Sai, learned counsel for the petitioners and learned Assistant Government Pleader appearing for respondents. 3. Without going into the merits of the case, learned counsel for the petitioners, after arguing some time, requested the Court to grant some time to file an application under Section 72 of the Registration Act, 1908 and to consider the same and dispose of the same on merits expeditiously. 4. Learned Assistant Government Pleader for Revenue submitted that the Court may pass appropriate orders. 5. Considering the submissions, the petitioners are given liberty to file an appeal against the refusal orders dated 27.6.2025 before the 4 District Registrar under Section 72 of the Registration Act 1908, within two weeks from the date of receipt of a copy of this order and on such filing of the appeal, the District Registrar is directed to consider and dispose of on merits within a period of one (01) month thereafter. 6. With the above observation, the Writ Petition is disposed of. 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 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.26640 of 2025 03.12.2025 RD