APHC010685902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 35511/2025 Between: 1. TURIMELLA KAMALADEVI, W/0 P.BHASKAR RAO, AGED ABOUT 64 YEARS. RESIDENT OF D.NO 54-90-26, L.I.C COLONY, NELSON MANDELA PARK RD, VIJAYAWADA, KRISHNA DISTRICT, A.P (AADHAR NO 2712 1439 0329) ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATION DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE DISTRICT REGISTRAR, KADAPA DISTRICT, ANDHRA PRADESH 3. THE SUB REGISTRAR, PRODDUTUR, KADAPA DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd Respondent pertaining to the oral refusal of a sale deed registration basing on the pending civil suit, even though as on date there is no stay order/ injunction order/ any court order restraining the authorities to register the subject document and interestingly the petitioner is not at all a party to the said pending civil suit, in O.S.No.239/2016 on the file of the Hon'ble Proddutur Principal Junior Civil Judge Court Kadapa District as illegal, arbitrary, illogical and violate the principles of Natural Justice and also violate the Fundamental Rights guaranteed under Art 14, 21 as well as Art 300-A of the Constitution of India and direct the Respondent No.3 to receive, register and release the document, pertaining to, Vide Document no.27217/2024, Dt. 01 /06/ 2024 in pursuant to the lands in Survey No-175/2 LP No.272 with an extent of 2.14 acres and in Survey No-175 LP N0.273 with an extent of 0.40 Cents, situated in Pagidala village fields Rajupalem Mandal, Kadapa District, Andhra Pradesh and to deliver the said Registered deed to the petitioner (or) the prospective purchaser and to pass….” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 3. 3. This Writ Petition is filed aggrieved by the action of the 3rd respondent/the Sub-Registrar, Proddatur, Kadapa District, in refusing to register the sale deed on the ground of a pending civil suit. It is submitted that, as on date, there is no stay order, injunction order, or any other order of a competent court restraining the registering authorities from registering the subject document. It is further contended that the petitioner is not a party to the said pending civil suit in O.S. No.239 of 2016 on the file of the Hon’ble Principal Junior Civil Judge, Proddatur, Kadapa District. The said action of the 3rd respondent is illegal, arbitrary, and unsustainable in law. Hence, this Writ Petition. 4. During the course of hearing, 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. 5. Learned Government Pleader did not oppose the said submission. 6. 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, 1908. 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. 7. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the parties. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 20.12.2025 klk 95 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.35511 of 2025 20.12.2025 kkllkk