APHC010484282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 27068/2025 Between: 1. SHAIK RAJIYA BANU, W/O.LATE NOOR AHAMAD, AGED ABOUT 68 YEARS, OCC-HOUSEHOLD, R/O.D.NO.8-61, VEERA VENKATAPURAM, DONAKONDA VILLAGE AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, GOVERNMENT OF ANDHRA PRADESH, REGISTRATION BHAVAN, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DISTRICT REGISTRAR, ONGOLE, PRAKASAM DISTRICT. 4. THE SUB REGISTRAR, DARSI, PRAKASAM 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 pleased to issue a writ, order, or direction, more particularly one in the nature WRIT OF MANDAMUS the proceedings issued by the 2nd respondent in Draft Memo No.G2/19134/2011, dated 01.12.2011, as being arbitrary, illegal 2 and violation of Articles 14, 19, 21 and 300-A of the Constitution of India apart from violative of principles of natural justice and consequently direct the 4th respondent to receive and register the document that may be presented by the petitioner for registration in respect of the property to an extent of 149.1/2 sq. yards in Survey No.209/1 of Badapuram Village in Donakonda Mandal of Prakasam District without reference to the memo of the 2nd respondent bearing NO.G2/19134/2011, dated 01.12.2011 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 4th respondent to receive and register the document that may be presented by the petitioner for registration in respect of the property to an extent of 149.1/2 sq. yards in Survey No.209/1 of Badapuram Village in Donakonda Mandal of Prakasam District, without reference to the memo of the 2nd respondent bearing No.G2/19134/2011, dated 01.12.2011, pending disposal of the present writ petition and to pass Counsel for the Petitioner: 1. NAGA PRAVEEN VANKAYALAPATI 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 the proceedings issued by the 2nd respondent in Draft Memo No.G2/19134/2011, dated 01.12.2011, as being arbitrary, illegal and violation of Articles 14, 19, 21 and 300-A of the Constitution of India apart from violative of principles of natural justice and consequently direct the 4th respondent to receive and register the document that may be presented by the petitioner for registration in respect of the property to an extent of 149.1/2 sq. yards in Survey No.209/1 of Badapuram Village in Donakonda Mandal of Prakasam District without reference to the memo of the 2nd respondent bearing NO.G2/19134/2011, dated 01.12.2011 and pass….= 2. Today, when the matter is taken up for consideration, learned counsel for the petitioner would submit that the issue involved in this writ petition is covered by the order dated 30.01.2020 in W.P.No.1981 of 2020. 3. Learned Assistant Government Pleader for Stamps and Registration did not refute the submission made by learned counsel for the petitioner and endorsed the same. 4. The learned Single Bench of this Court in W.P.No.1981 of 2020 dated 30.01.2020, observed as follows: <The main ground urged by this petitioner is that when the document is presented for registration, rejection of the same based on the Draft Memo No.G2/19134/2011, dt.01-12-2011 with District Registrar, Ongole vide Endorsement No.G1/1382/2011, dated 09-12- 2011. The memo was issued in view of the injunction orders passed by the High Court of Madras. The Madras High Court directed based on a letter from Rev.B.M.Sudheer to The Inspector General of Stamps and Registration, State of Andhra Pradesh, Hyderabad not to register any deeds of conveyance by any of the parties to any of the parties in respect of the properties covered under the Scheme. But, the order 4 was not communicated to Registrar except the letter of Rev.B.M.Sudheer to the District Registrar, who in turn issued such direction. According to the order under challenge under Section 71 of the Registration Act, refusal to register a document on the memo issued by Tahsildar or any other officer is illegal in view of the Division Bench two Division Bench judgments in P.Narasimha Reddy v. Sub-Registrar, Shameerpeta Mandal, Ranga Reddy District1 and S.Nagi Reddy v. Joint Sub-Registrar, Tirupati2. Therefore, the order impugned in this Writ Petition is contrary to the law declared by the Division Bench and also another judgment of Single Judge in W.P.No.10721 of 2016, dt.01- 04-2016, W.P.No.34689 of 2012, dt.12-12-2012. Hence, the impugned proceedings are hereby set aside while directing the 4th respondent to receive and register, if it is not prohibited by any order or law, the document by following the principles laid down in the judgments referred supra.= 5. In view of the same, the Writ Petition is disposed of, in terms of order dated 30.01.2020 in W.P.No.1981 of 2020, directing the respondent No.4 to receive and register the document presented by the petitioner for registration in respect of the property to an extent of Ac.0.10 cents in Sy.No.211/1 of Dhonakonda Village and Mandal, Markapuram Revenue Division, Prakasam District. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE D.RAMESH 12.11.2025 RD 1 2005 (2) ALD 807 = 2005 (4) ALT 260 2 1999 (4) ALD 81 = 1999 (4) ALT 556 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.27068 of 2025 12.11.2025 RD