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2025 DAILYLAW 50651 (AP)

DAGGUMARI SREEDHAR RAO v. THE STATE OF ANDHRA PRADESH

WP/24292/2025 · 2025-11-17

D Ramesh

body2025

Judgment text

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APHC010477752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 24292/2025 Between: 1. DAGGUMARI SREEDHAR RAO, D SON OF MOHAN RAO, AGE ABOUT 49 YEARS, RESIDENT OF DOOR NO.27-2- 766 3D STREET, A.C.NAGAR, NELLORE CITY, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE CITY. 3. 3. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT, NELLORE CITY 4. THE REVENUE DIVISIONAL OFFICER, NELLORE CITY, SPSR NELLORE DISTRICT 5. 5. THE TAHSILDAR, NELLORE TOWN MANDAL, NELLORE CITY, SPSR NELLORE DISTRICT. 6. THE DISTRICT REGISTRAR, (REGISTRATION DEPARTMENT), SPSR NELLORE DISTRICT, NELLORE CITY. 7. THE SUBREGISTRAR, SUB-REGISTRAR OFFICE, STONEHOUSEPET, NELLORE CITY, SPSR NELLORE DISTRICT. 8. 8. DUBAGUNTA GOPI KRISHNA MURTHY, SON OF LATE BALARAMAIAH, AGED ABOUT 86 YEARS, R/O.27/1/332, 3RD MAIN ROAD, BALAJI NAGAR, NELLORE, ANDHRA PRADESH. 9. K SATYA SUDHA, @ DEVIREDDY VAIMSATHA @ DEVIREDDY K.SUDHAICAR REDDY, AGED ABOUT 69 YEARS. FLAT NO.303, RMAMURTHYNAGAR, NELLORE CITY, NELLORE DISTRICT. ...RESPONDENT(S): 2 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 of Writ of Mandamus, declaring the inaction of the 2ND d respondent District Collector for not exercising the power conferred on him under Section 77A of Registration Act as amended by the State of Andhra Pradesh and came in to force through Registration (Andhra Pradesh Amendment) Act, 2023 or Act No.l of 2024 with effect from the notified date i.e., 09.07.2025 either to consider the petitioners application dated 04.09.2025 or holding the 5 properties of the documents vide Documents Nos. 2139 of 2023 to 2142 of 2023 of the petitioner situated in Sy.No.809A of the petitioner herein and Document No.307 of 1973 of the 9TH respondent situated in Sy.No.808 to an extent of (Ac. 1.34cents Khata No.226) under Section 22A of Registration Act, since the subject property is stayed by the Hon hie High Court in WP.No.8921 of 2024 dated 16.05.2025 and continuing the stay is illegal, arbitrary, unconstitutional and contrary to the scheme of the Registration Act and more precisely the amended Act 1 of 2024 by the State of Andhra Pradesh till the disposal of the WP.No.8921 of 2024 of the petitioner for consideration by this Hon’ble Court and further pleased to direct the 2ND respondent herein and further request this Hon’ble Court to direct the 2nd respondent herein to hold all the documents generated through Registered Documents Nos.2139 of 2023 to 2142 of 2023 of the petitioner situated in Sy.No.809A and Document No.307 of 1973 (Ac.l.34cents Khata No.226) of the 9th respondent situated in Sy.No.808, in abeyance till the decision of the W.P.No.8921 of 2024 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 consider the application dated 04.09.2025 pending disposal of the above said writ petition by holding the all the documents generated through Registered Documents Nos. 2139 of 2023 to 2142 of 2023 of the petitioner situated in Sy.No.809A and Document No.307 of 1973 (Ac.l.34cents) of the 9TH respondent situated in Sy.No.808 (Khata No.226), in abeyance till the decision of the WP.No.8921 of 2024, pending disposal of the above said writ petition and pass IA NO: 2 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 may be pleased to permit the petitioner to amend the mistake of Ex.P1 dated 3 04.01.2025 as Ex.Pl dated 04.09.2025 and further permitted to change wherever it is necessary in the affidavit and also in the prayers and dockets and permitted to replace the document of Ex.P1 dated 04.01.2025 with Ex.P1 dated 04.09.2025 and pass Counsel for the Petitioner: 1. V SURENDRA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. RAM BABU DEVAVARAPU 3. GP FOR REVENUE 4. GP FOR REGISTRATION AND STAMPS 4 WRIT PETITION NO: 29340/2025 Between: 1. KOTU VAYUSUTHA, W/O. KOTU SUDHAKAR REDDY, FLAT NO. 303, SAKTHI SAI RESIDENCY, 2ND MAIN ROAD, RAMAMURTHY NAGAR, NELLORE - 524003, ANDHRA PRADES ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE AND REGISTRATION DEPARTMENT,SECRETARIAT, VELLAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3. THE DISTRICT REGISTRAR REGISTRATION DEPARTMENT, SPSR NELLORE DISTRICT, NELLORE CITY. 4. THE REVENUE DIVISIONAL OFFICER, SPSR NELLORE DISTRICT, NELLORE CITY 5. THE TAHSILDAR, NELLORE URBAN MANDAL, SPSR NELLORE DISTRICT. 6. THE SUBREGISTRAR, SUB-REGISTRAR OFFICE, STONEHOUSEPET, SPSR NELLORE DISTRICT, NELLORE CITY. 7. DUBAGUNTA GOPI KRISHNA MURTHY, S/O. BALARAMAIAH, AGED ABOUT 86 YEARS, R/O. 27/1/332, 3RD MAIN ROAD, BALAJI NAGAR, NELLORE, ANDHRA PRADESH. 8. DAGGUMATI SREEDHAR RAO, DAGGUMATI SREEDHAR RAO S/O. MOHAN RAO, AGED ABOUT 48 YEARS. RESIDENT OF DOOR NO. 27-2-766, 3RD STREET, A.C. NAGAR, NELLORE CITY, SPSR NELLORE 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 an appropriate Writ, more particularly a Writ of Mandamus, or any other appropriate writ, order, or direction i. Declaring the inaction of the 2nd Respondent in not exercising its statutory powers under Section 77A of the Registration Act, as amended by the State of Andhra Pradesh through the Registration (Andhra Pradesh Amendment) Act, 2023 Act No. 1 of 2024 which came into force with effect from the notified date i.e., 09.07.2025, with reference to the petitioners representation dated 26.09.2025 wherein serious allegations were made against the 7th and 8th Respondent regarding fabrication and forgery of official records, including Assignment D-Pattas No Objection Certificates Possession Certificates, and Sketches as arbitrary, illegal, and violative of the petitioners fundamental and constitutional rights ii. 5 Directing the 2nd Respondent to consider and take appropriate action on the petitioners aforesaid representation, including cancellation of Document Nos. 2139/2023, 2140/2023, 2141/2023, and 2142/2023 executed by the 7th Respondent, registered in relation to the Survey NO.809A (pretending to be previously survey No. 869) as it is kaluva Poramboke and such documents are illegal, and fraudulent iii.Further directing Respondents 2 and 3 to conduct a comprehensive, impartial, and time-bound enquiry into the acts of forgery committed by the 7th and 8th Respondent, and to initiate appropriate legal proceedings in accordance with law 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 Respondents No. 2 and 3 to take appropriate and immediate legal action against the Unofficial Respondents No. 7 and 8 for his unlawful activities on the Petitioners legitimately owned property in Survey No. 808, Bit II, Nellore Town and pass an interim direction restraining the Unofficial Respondents No.7 and 8 from interfering with the petitioners peaceful possession and enjoyment of the his property or from creating any third-party interests or carrying out any alterations, mutations, or transactions based on the alleged forged documents. pending disposal of the present Writ Petition and to pass Counsel for the Petitioner: 1. RAM BABU DEVAVARAPU Counsel for the Respondent(S): 1. V SURENDRA REDDY 2. GP FOR REGISTRATION AND STAMPS The Court made the following: 6 COMMON ORDER: W.P.No.24292 of 2025: 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 declaring the inaction of the 2ND d respondent District Collector for not exercising the power conferred on him under Section 77A of Registration Act as amended by the State of Andhra Pradesh and came in to force through Registration (Andhra Pradesh Amendment) Act, 2023 or Act No.l of 2024 with effect from the notified date i.e., 09.07.2025 either to consider the petitioners application dated 04.09.2025 or holding the 5 properties of the documents vide Documents Nos. 2139 of 2023 to 2142 of 2023 of the petitioner situated in Sy.No.809A of the petitioner herein and Document No.307 of 1973 of the 9th respondent situated in Sy.No.808 to an extent of (Ac. 1.34cents Khata No.226) under Section 22A of Registration Act, since the subject property is stayed by the Hon’ble High Court in WP.No.8921 of 2024 dated 16.05.2025 and continuing the stay is illegal, arbitrary, unconstitutional and contrary to the scheme of the Registration Act and more precisely the amended Act 1 of 2024 by the State of Andhra Pradesh till the disposal of the WP.No.8921 of 2024 of the petitioner for consideration by this Hon’ble Court and further pleased to direct the 2nd respondent herein and further request this Hon’ble Court to direct the 2nd respondent herein to hold all the documents generated through Registered Documents Nos.2139 of 2023 to 2142 of 2023 of the petitioner situated in Sy.No.809A and Document No.307 of 1973 (Ac.l.34cents Khata No.226) of the 9th respondent situated in Sy.No.808, in abeyance till the decision of the WP.No.8921 of 2024 and to pass….” W.P.No.29340 of 2025: 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 7 direction i. Declaring the inaction of the 2nd Respondent in not exercising its statutory powers under Section 77A of the Registration Act, as amended by the State of Andhra Pradesh through the Registration (Andhra Pradesh Amendment) Act, 2023 Act No. 1 of 2024 which came into force with effect from the notified date i.e., 09.07.2025, with reference to the petitioners representation dated 26.09.2025 wherein serious allegations were made against the 7th and 8th Respondent regarding fabrication and forgery of official records, including Assignment D-Pattas No Objection Certificates Possession Certificates, and Sketches as arbitrary, illegal, and violative of the petitioners fundamental and constitutional rights ii. Directing the 2nd Respondent to consider and take appropriate action on the petitioners aforesaid representation, including cancellation of Document Nos. 2139/2023, 2140/2023, 2141/2023, and 2142/2023 executed by the 7th Respondent, registered in relation to the Survey NO.809A (pretending to be previously survey No. 869) as it is kaluva Poramboke and such documents are illegal, and fraudulent iii.Further directing Respondents 2 and 3 to conduct a comprehensive, impartial, and time-bound enquiry into the acts of forgery committed by the 7th and 8th Respondent, and to initiate appropriate legal proceedings in accordance with law Pass….” 2. As the subject matter involved in both the Writ Petitions is one and the same and both the Writ Petitions were filed by the rival claimants, both the Writ Petitions are being disposed of with a common order. 3. Heard Sri V.Surendra Reddy, learned counsel for the petitioner in W.P.No.24292 of 2025 and of Sri Posani Venkateswarlu, learned senior counsel appearing on behalf of the learned counsel for the petitioner in W.P.No.29340 of 2025 and the learned Assistant Government Pleader for the respondents. 4. Learned Assistant Government Pleader appearing for respondents submitted that the Court may pass appropriate orders. 3. As both the Writ Petitions were filed by the rival parties, though they are having rival claims but the prayer is to consider and pass 8 appropriate orders by the District Registrar as per the amended provision of Section 77A of the Registration Act, this Court is inclined to pass the following order. 4. Both the Writ Petitions are disposed of directing the concerned authority i.e District Collector and District Registrar to take proper action as per Section 77A of the Registration Act. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 18.11.2025 RD 9 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION Nos.24292 and 29340 OF 2025 18.11.2025 RD