APHC010351972024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 17941/2024 Between: 1. MAKIREDDY SURYANARAYANA, S/O. SATYANARAYANA AGED ABOUT 83 YEARS, R/O D.NO.3-67, KRISHNALAYA VEEDHI, SUNKARAPALEM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PRI. SECRETARY STAMPS AND REGISTRATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT REGISTRAR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE JOINT SUBREGISTRAR, ANANDAPURAM, ANANDAPURAM MANDAL, VISAKHAPATNAM. ...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 to declare the acts on the part of the Respondent No.2 in issuing the proceedings vide Endt.No.El/976/2024 dt.08.05.2024 against the appeals preferred by the petitioner against the orders passed by the respondent No.3 on 14.09.2020 for rejecting the registration of the documents with No.BK-1 CS No.5084/2019 and No.BK-1 OS No.5084/2019 vide Pending Nos. 1833/2019 and 1834/2019 as erroneous, arbitrary and violative of Articles 14 and 300-A of Constitution of India, and consequently direct the Respondent No.2 to dispose of the appeals on merits and principlesof Natural Justice in accordance with Law in the interests of Justice and equity…..” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration Department appearing for the respondent Nos.1 to 3. 3. The learned counsel for the petitioner submits that Respondent No.2, in issuing proceedings vide Endt.No.El/976/2024 dated 08.05.2024, against the appeals preferred by the petitioner challenging the orders passed by Respondent No.3 on 14.09.2020, rejecting the registration of documents bearing No.BK-1 CS No.5084/2019 and No.BK-1 O.S.No.5084/2019 vide pending Nos.1833/2019 and 1834/2019, acted in an erroneous and arbitrary manner. 4. On a perusal of the impugned proceedings, it is evident that though the petitioner had filed an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay, the respondent authorities failed to consider the same and dismissed the appeals solely on the ground that they had no power to condone the delay. 5. In view of the above circumstances, the writ petition is allowed by setting aside the impugned proceedings dated 08.05.2024 and remanding the matter to Respondent No.2 for fresh consideration in accordance with law and in the light of the observations made by the Hon’ble Supreme Court in Government of Maharashtra (Water Resources Department), represented by Executive Engineer v. M/s. Borse Brothers Engineers and Contractors Private Limited. Respondent No.2 shall pass appropriate orders on the application filed under Section 5 of the Limitation Act, 1963. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 31.12.2025 klk 63 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.17941 of 2025 31.12.2025 kkllkk