Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 51404 (AP)

Sanapala Varaha Venkata Satya Sai Kiran Kumar v. The State of Andhra Pradesh

WP/33968/2025 · 2025-12-07

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010652562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33968/2025 Between: 1. SANAPALA VARAHA VENKATA SATYA SAI KIRAN KUMAR, S/O S. LATE APPIKONDA SWAMY, HINDU, AGED 49 YEARS, R/AT D.NO. 39-19-106, MADHAVADHARA, VISAKHAPATNAM, ANDHRA PRADESH-530007 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE ( REGISTRATION AND STAMPS ) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, O/O THE COLLECTORATE, MAHARANIPETA, VISAKHAPATNAM, A.P. 3. THE JOINT SUBREGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, DWARAKA NAGAR, VISAKHAPATNAM, A.P. 4. THE TAHSILDAR, , VISAKHAPATNAM URBAN MANDAL, GOPALAPATNAM, VISAKHAPATNAM DISTRICT, A.P. ...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 of Writ of Mandamus, declaring action of the 3rd respondent to forthwith -2- W.P. No.33968 OF 2025 Date of order:08.12.2025 register the sale deed dated 22-11-2025 to be executed by the Petitioner in favor of Penmatsa Venkata Suryanarayana Raju in respect of land admeasuring an extent of 108.88 Sq.yds., in survey no. 39/lAl/lAl of Madhavadhara village, Visakhapatnam, for registration through the exhibit P4 which reveals that not included in prohibitory list as illegal, arbitrary and violation of Articles 14, 21 and 300-A of Constitution of India, and accordingly exhibit P3 may kindly be registered and the same kindly may be released to the writ petitioner and to 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 3'^^ Respondent to accept and process the sale deed i.e. exhibit P3 dated 22-11-2025 and keep it in safe custody pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. M.M.M. KRISHNA SANAPALA Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: -3- W.P. No.33968 OF 2025 Date of order:08.12.2025 THE HON’BLE SRI JUSTICE D RAMESH WRIT PETITION NO:33968 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in not receiving and registering the document presented for registration by the petitioner pertaining to the land admeasuring an extent of 108.88 Sq.yds., in survey No.39/1A1/1A1 of Madhavadhara Village, Visakhapatnam, as illegal, arbitrary and consequently direct the respondents to receive and register the document presented for registration by the petitioner. 2. During the course of hearing, the 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 WP No.26437 of 2015. 3. The learned Government Pleader did not oppose the said submission. 4. 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, respondent Nos.3 and 4 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, 1899. If the Sub Registrar refuses to register, he has to pass reasoned order as mandated under Section 71 of the Indian -4- W.P. No.33968 OF 2025 Date of order:08.12.2025 Registration Act, so as to enable the petitioner to prefer an appeal under Section 72 of the Indian Registration Act. 5. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the parties. No costs. 6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH BV