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2025 DAILYLAW 52408 (AP)

Mekala Subbarayudu, v. The State of Andhra Pradesh

WP/35377/2025 · 2025-12-18

D Ramesh

body2025

Judgment text

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APHC010682992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 35377/2025 Between: 1. MEKALA SUBBARAYUDU,, S/O. SUBBANNA, AGED ABOUT 61 YEARS BUSINESS, R/O. D.NO. 9/570-14-14A, VEMPALLI VILLAGE, KADAPA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, (LAND AND DM, REGISTRATIONS AND STAMPS) REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT-522503. 2. THE DISTRICT REGISTRAR, , YSR DISTRICT, O/O. REGISTRATION AND STAMPS, GOUTHAMA BUDDHA TWP ROAD, ARAVIND NAGAR, KADAPA. A. P.-516002. 3. THE SUBREGISTRAR, VEMPALLI, TILAK NAGAR, SHASTRI NAGAR, RAVINDRA NAGAR, KADAPA, A.P. 516001. ...RESPONDENTS 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 pass orders, to issue writ order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the inaction of the 2nd and 3rd Respondents in considering the Petitioners representation dated 10-11-2025, and failing to allow and permit him to submit the necessary documents of conveyance pertaining to the subject property to the prospective W.P. No.35377 OF 2025 Date of order: 19.12.2025 -2- persons in the transaction for the purpose of registration by the Petitioner in their favour as illegal, arbitrary, unfair and unconstitutional, thereby direct the 3rd Respondent to receive the documents of conveyance pertaining to the land covered by an extent Acres 1.87 cents, viz., Acres1.36 14 cents out of Acres 2.37 cents in R.S. No. 1062, Acres 0.50 14 cents out of Acres 1.01 cents in R.S. No. 1063/1, situated in Vempalli Mandal, Kumarampalli Gram Panchayat, Vempalli Village, Vempalli Sub-Registry, YSR District and permit the Petitioner to execute the necessary deed of conveyance and register the same in accordance with law and procedure and to pass such 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 may be pleased to pass interim orders directing the 2nd and 3rd Respondents, to initiate immediate steps to consider the Petitioner’s representation dated 10-11-2025 made to the 2nd and 3rd Respondent as expeditiously as possible and also to pass such Counsel for the Petitioner: 1. ANEEL KUMAR DASARI Counsel for the Respondents: 1. GP FOR REGISTRATION AND STAMPS The Court made the following: W.P. No.35377 OF 2025 Date of order: 19.12.2025 -3- HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No.35377 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 an extent Acres 1.87 cents, viz., Ac.1.36 cents and Ac.0.14 cents, out of Acres 2.37 cents in R.S. No. 1062, Acres 0.50 14 cents out of Acres 1.01 cents in R.S. No. 1063/1, situated in Vempalli Mandal, Kumarampalli Gram Panchayat, Vempalli Village, Vempalli Sub-Registry, YSR District, 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 for Revenue appearing for respondents did not oppose the said submission. W.P. No.35377 OF 2025 Date of order: 19.12.2025 -4- 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, the respondent Nos.2 and 3 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 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 pending, if any, shall stand closed. ___________________ JUSTICE D.RAMESH Dt.19.12.2025 BV