YARRAGORLA VENKATA KOTAIAH v. THE STATE OF ANDHRA PRADESH
WP/11095/2025 · 2025-04-30
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55064 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55064 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
ff IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11095 OF 2025 Between: Yarragorla Venkata Kotaiah. S/o. Pullalah Aged about 30 years, Occ: Agriculture Dondapadu village, Peddagudipadu Post Donakonda Mandal Prakasam District. AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department A.P Secretariat, Velagapudi, Amaravathi Guntur District.
2. The Commissioner and Inspector General of Registration and Stamps, Govt, of Andhra Pradesh, Registration Bhavan Gollapudi, Vijayawada, Krishna District.
3. The District Registrar, Ongole, Prakasam District.
4. The Sub-Registrar, Darsi, Prakasam District. 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 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 issued consequential
direction to the 4th respondent to receive and register the document that may be presented by the petitioner for registration in respect of the House site for an extent of Ac. 0-04 cents or 193.6 Sq. Yards, Plot No. 13 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.
lA 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 the 4th Respondent to receive and register the documents that may be presented by the petitioners for registration in respect of the House site for an extent of Ac. 0-04 cents or 193.6 Sq. Plot No. 13 of nearest Door No. 1-107, in Sy. No. 217/2, situated in Yards 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 pending disposal of the above writ petition. Counsel for the Petitioner: SRI. VENKATESWARLU GADA Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondents No.2 to 4: GP FOR REGISTRATION AND STAMPS The Court made the following Order:
1 •• • • • • APHC010187032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA [3329] WRIT PETITION NO: 11095/2025 Between: ...PETITIONER Yarragorla Venkata Kotaiah AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner:
1.VENKATESWARLU GADA Counsel for the Respondent:
1.
2 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION No.11095 of 2025 This Court made the following
ORDER: This writ petition is filed under Article 226 of the Constitution of India 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 2"" 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 petitioner for registration in respect of the House site for an extent of Ac.0-04 cents or 193.6 Sq. Yds, Plot No.13 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 2 respondent bearing No. G2/19134/2011, dt.01-12-2011 and pass..’ counsel for the petitioner and learned
1.
2. Heard learned Government Pleader for Stamps and Registration.
3. When the matter is taken up for hearing, learned counsel for the petitioner submits that in similar set of facts, this Court passed
order dated 30.01.2020 in W.P. No.1981 of 2020 and prayed this Court to consider the same and dispose of the present Writ an Petitioner.
3
4. Learned Government Pleader does not refute the submission the matter before this Court in this Writ that the said order covers Petition.
5. The relevant paragraphs of the order passed in W.P.No.1981 of 2020 are extracted hereunder;
“The main ground urged by this petitioner is that when the document is presented for registration, rejection same based on the draft Memo No.G2/19134/2011, dated 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 leder from Rev.B.M.Sudheer to the Inspector General of Sfamps 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 not communicated to Registrar scheme But, the order was . 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 judgments of the Division Bench in P.Narasimha Reddy V. Sub-Registrar, Shameerpeta Mandal, Ranga Reddy District /2005(2)ALD807] and S.Nagi Reddy v. Joint Registrar, Tirupati [1999(4)ALD81] the order impugned in this writ petition is contrary declared by the Division Bench and also other W.P.No.10721 of 2016, dated
6. Therefore, to the law as judgments of single Judge in .P.No.34689 of 2012, dated 12.12,2012. Hence, the 01.04.2016, W impugned proceedings are respondent to receive and register, if it i hereby set aside while directing the 4 not prohibited by any IS
> 4 all other statutory terms and
order or law and if it is comply following the principles laid down in the judgments compliances, by referred supra.
disposed of in Following the said order, this Writ Petition is respondent to receive and register
7. th terms thereof, directing the 4 presented by the petitioner for registration in respect the document extent of Ac.0-04 cents or 193.6 Sq. Yds, of the House site for an No.13 of nearest Door No.1-107, in Sy.No.217/2, situated in Donakonda Plot Obbapuram Village, Donakonda Grampanchayat, Mandal, Prakasam District. Accordingly, the Writ Petition is disposed of. No costs.
8. , interlocutory applications if any pending, shall As a sequel stand cjps^d.' .7/ Sd/- K. SRINIVASA assistant R^STRAR SECTION OFFICER //TRUE COPY// To, •5
1. The Principal Secretary, Revenue Department A.P Secretariat, Velagapudi, Amaravathi Guntur District.
2. The Commissioner and Inspector General of Registration and Stamps, Govt, of Andhra Pradesh, Registration Bhavan Gollapudi, Vijayawada, Krishna District.
3. The District Registrar, Ongole, Prakasam District.
4. The Sub-Registrar, Darsi, Prakasam District.
5. One CC to SRI. VENKATESWARLU GADA Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies vna
HIGH COURT DATED:01/05/2025
ORDER WP.No.11095 of 2025 jjsEfzros ” Current a«cuon DISPOSING OF THE WRIT PETITION WITHOUT COSTS