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2025 DAILYLAW 52886 (AP)

VIPPARLA SUBBAIAH v. THE STATE OF ANDHRA PRADESH

WP/35674/2025 · 2025-12-21

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010690262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 35674/2025 Between: 1. VIPPARLA SUBBAIAH, S/O. YOGAIAH AGED ABOUT 53, OCC. AGRICULTURE DONDAPADU VILLAGE, PEDDAGUDIPADU POST DONAKONDA MANDAL PRAKASAM DISTRICT. 2. 'YARRAGORLA BASAVAIAH,, S/O. ANANTHAIAH AGED ABOUT 45, OCC. AGRICULTURE DONDAPADU VILLAGE, PEDDAGUDIPADU POST DONAKONDA MANDAL PRAKASAM DISTRICT. 3. YARRAGORLA VENKATA KOTAIAH,, S/O. LATE PULLAIAH AGED ABOUT 33 YEARS, OCC. AGRICULTURE DONDAPADU VILLAGE, PEDDAGUDIPADU POST DONAKONDA MANDAL PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 522238 2. THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, GOVT, OF ANDHRA PRADESH, REGISTRATION BHAVAN GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT.521225 3. THE DISTRICT REGISTRAR, ONGOLE, PRAKASAM DISTRICT.523001 2 DR,J W.P.No.35674 of 2025 4. THE SUBREGISTRAR, DARSI, PRAKASAM DISTRICT.523247 ...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 toPleased to issue a Writ of Mandamus or any other appropriate Writ Order or orders. Direction to declare the proceedings of he 2nd Respondent in Draft Memo No. G2/19134/2011 dt.01-12-2011 as illegal, without jurisdiction and Unconstitutional and to issued consequential direction to the 4th respondent to receive and register the document that may be presented by the petitioners for registration in respect of the House site for an extent of Ac. 0-11.58 cents or 560.47 Sq. Yards, Plot No. 3 of nearest Door No. 1-107, in Sy. No. 217/2, situated in Obbapuram village, Donakonda Grampanchayat, Donakonda Mandal, Prakasam District., without reference to the memo of the 2nd respondent bearing No. G2/19134/2011 dt.01-12- 2011 and to pass Counsel for the Petitioner(S): 1. VENKATESWARLU GADA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS 3 DR,J W.P.No.35674 of 2025 The Court made the following ORDER: This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…to issue a Writ of Mandamus or any other appropriate Writ Order or orders, Direction to declare the proceedings of the 2nd Respondent in Draft Memo No. G2/19134/2011 dt.01-12- 2011 as illegal, without jurisdiction and Unconstitutional and to issue consequential direction to the 4th respondent to receive and register the document that may be presented by the petitioners for registration in respect of the House site for an extent of Ac. 0-11.58 cents or 560.47 Sq. Yards, Plot No. 3 of nearest Door No. 1-107, in Sy. No. 217/2, situated in Obbapuram village, Donakonda Grampanchayat, Donakonda Mandal, Prakasam District…” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for respondents. 3. The petitioners sought to sell 560.47 sq. yards of house property in Sy.No.217/2 situated at Obbapuram Village, Donakonda Grama Panchayat and Mandal of Prakasam District. The 4th respondent had refused to entertain the said deed of sale on the ground that there was a Draft Memo bearing No.G2/19134/2011 dated 01.12.2011, issued by the 2nd respondent, prohibiting any transactions in the said survey to be recorded in the offices of the Registration Department. 4. Aggrieved by the said Memo said to have been issued by the 2nd respondent and the refusal of the 4th respondent in entertaining the sale deed 4 DR,J W.P.No.35674 of 2025 presented by the petitioner, the present writ petition has been filed by the petitioner. 5. The validity of the Draft memo bearing No.G2/19134/2011 dated 01.12.2011, issued by the 2nd respondent had been considered by this Court in various Judgments including the W.P.Nos.26778 and 26792 of 2017, W.P.No.34689 of 2012, W.P. No.8720 of 2019 and WP No.14812 of 2020. In all these cases, the said Draft Memo has been set aside. 6. In the above circumstances, there is no impediment for the 4th respondent to entertain and register the sale deed presented by the petitioner in relation to the aforesaid land. 7. Accordingly, this Writ Petition is allowed directing the 4th respondent to receive and register the documents presented by the petitioner, in relation to the aforesaid property, if it is otherwise in order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 22.12.2025 Dvs 5 DR,J W.P.No.35674 of 2025 THE HONOURABLE SRI JUSTICE D.RAMESH 239 WRIT PETITION No.35674 of 2025 Dated: 22.12.2025 Dvs