APHC010457062022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 27877/2022 Between: 1. GALIVEETI LALITHA, W/O. LATE G. NAGENDRA REDDY, AGED 64 YEARS, HINDU, R/O. 100/31-1-1, SIVALAYAM STREET, VISWANATHAPURAM, YERRAMUKKAPALLI, KADAPA CITY, YSR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATIONS (REVENUE-II) DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, RK SPRING VALLEY, BANDAR ROAD, VIJAYAWADA. 3. THE DISTRICT REGISTRAR, KADAPA DIVISION, YSR KADAPA DISTRICT. 4. THE SUBREGISTRAR, KADAPA REGIONAL OFFICE, KADAPA, YSR DISTRICT. ...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 any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in refusing to register the documents presented by the petitioner on the guise of a circular issued by the 2nd respondent 2 and on the ground that the land is shown as 'Migulu Bhoomulu' in Webland as illegal, arbitrary and without any power vested with him and being violative and contrary to the provisions of the Stamps and Registration Act and consequently direct the 4th respondent to process and release the documents bearing P.Nos.103, 104, 105, 106 and 107 of 2022 which were rejected/refused on 10-08-2022 vide Letter No.RO/Kdp/Refusal No.1/2022, No.RO/Kdp/Refusal No.2/2022, No.RO/Kdp/Refusal No.3/2022, No.RO/Kdp/Refusal No.4/2022 and No.RO/Kdp/Refusal No.5/2022 in the interests of justice and to pass IA NO: 1 OF 2022 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 pleased to direct the 4th respondent to process, number and release the documents Nos.103, 104, 105, 106 & 107 of 2022 dt: 07-05- 2022 which were presented by the petitioner on 11-05-2022 pending disposal of the Writ Petition, and pass IA NO: 1 OF 2023 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 pleased to receive the additional affidavit and additional material papers as part and parcel of the main Writ Petition pending disposal the above writ petition and pass. IA NO: 2 OF 2023 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 Pleased to grant leave to the petitioner herein / Respondent No. 4 to file counter affidavit and pass Counsel for the Petitioner: 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS (AP) 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the 4th respondent in refusing to register the documents presented by the petitioner under the guise of a circular issued by the 2nd respondent and on the ground that the land is shown as ‘Migulu Bhoomulu’ in webland and consequently, direct the 4th respondent to process and release the documents bearing P.Nos.103, 104, 105, 106 & 107 of 2022 which were rejected/ refused on 10.08.2022 vide letter No.RO/Kdp/Refusal No.4/2022 and No.RO/Kdp/Refusal No.5/2022. 3. The learned counsel for the petitioner submits that, aggrieved by the impugned proceedings of the 4th respondent dated 10.08.2022, this writ petition was filed. According to it, the sale deed document No.P103/2022 dated 11.05.2022 was submitted by the petitioner before the Joint Sub Registrar, Kadapa and the same was kept pending as the document No.P103/2022 dated 11.05.2022. He further submits that, since the Joint Sub Registrar, Kadapa and Sub Registrar, Kadapa Regional Office, Kadapa are one and the same, the 4th respondent is arrayed as the Sub Registrar, Kadapa Regional Office, Kadapa YSR District. In view of the above said document, the property was affected 4 to an extent of 0.09 cents out of 0.41 cents out of 1.57 cents in dry Sy.No.391/2 of Gudur Revenue Village. 4. He further submits that, the Gudur Revenue Village is now merged in the limits of Kadapa Muncipal Corporation. The 4th respondent observed that as per the verification of the 1B and Adangal of Sy.No.391/2 of Gudur Revenue Village in the webland the property is not in the name of the executant/ petitioner herein and it is also classified as ‘Migulu Bhumulu’ showing khata number as Notional Khata No.20001901. On these grounds, the 4th respondent refused to register the pending document No.P103/2022 dated 11.05.2022. Whereas, the learned counsel for the petitioner submits that, it is a discriminatory action, since in the same Sy.No.391/2 of Gudur Revenue Village, Kadapa Municipality, YSR Kadapa District, the 4th respondent entertained the registration vide document No.6882/2022 dated 29.07.2022 and document No.9572/2022 dated 16.09.2022. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that, the letter of the 4th respondent dated 10.08.2022 is very clear and the request of the petitioner could not be considered, since the above said sale deed document pending is not in the name of the petitioner and as the revenue records show that it is classified as ‘Migulu Bhumulu’ under Notional Khata No.20001901. 5 6. In view of the above said facts and circumstances and upon consideration of the rival submissions made, the petitioner is permitted to approach the 3rd respondent by way of an appeal against the order/ impugned letter of the 4th respondent dated 10.08.2022 enclosing all the necessary documents in support of her claim within a period of four (4) weeks from the date of receipt of this order. On receipt of the same, the 3rd respondent shall consider and dispose of the appeal of the petitioner strictly in accordance with law by hearing all the parties concerned giving due opportunity including the petitioner, upon consideration of the matter on merits and upon verification of the records of the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably within a period of three (3) months thereafter. Without reference to the impugned letter of the 4th respondent, the 3rd respondent shall consider the matter as directed above. 7. Accordingly, the writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 01.12.2025 NNN