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2025 DAILYLAW 58069 (AP)

THONTLA KOTI REDDY v. THE STATE OF ANDHRA PRADESH

WP/28573/2025 · 2025-10-26

Tarlada Rajasekhar Rao

body2025

Judgment text

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%■ lA A 4 APHC010549002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28573 OF 2025 Between: Thontia Koti Reddy, S/o. Bala Koti Reddy, aged about 58 years R/o. H.No. 99- 83, India Cheruvu Village, Donakonda Mandal, Prakasam District, Andhra Pradesh - 523305. ...Petitioner AND The State of Andhra Pradesh, Rep. by. its Principal Secretary, Stamps and Registration Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District, A.P. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Registration Bhavan, Gollapudi, Vijayawada, Krishna District. The District Registrar, Prakasam District at Ongole Andhra Pradesh. The Sub-Registrar, Darsi, Prakasam District, Andhra Pradesh. 1. 2. 3. 4. ...Respondents 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings issued by the 2nd Respondent in Draft Memo No. G2/19134/2011 dated. 01.12.2011 as being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India apart from violative of Principles of Natural Justice and consequently direct the 4th Respondent to receive, process, and register the document that may be presented by the Petitioner for registration in respect of his undivided share of land to an extent of Ac. 0.33.3 cents or 1611.7 Square Yards in Sy. No. 211/1 situated in Badapuram Village, Donakonda Mandal, Prakasam District, without reference Respondent bearing No. G2/19134/2011 dated 01-12- 2011 to the memo of the 2nd 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 the document presented by the Petitioner in respect of his undivided share of land to an extent of Ac. 0.33.3 cents or 1611.7 Square Yards in Sy. No. 211/1 situated in Badapuram Village, Donakonda Mandal, Prakasam District, without reference to the memo of the ■ 2nd Respondent bearing No. G2/19134/2011 dated: 01.12.2011 in the interest of justice. Counsel for the Petitioner: SRI SHAIK ASIF Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following order: APHC010549002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28573/2025 Between: 1.THONTLA KOTI REDDY, S/0. BALA KOTI REDDY, AGED ABOUT 58 R/0. H.NO. 99-83, INDIA CHERUVU VILLAGE, ANDHRA YEARS DONAKONDA MANDAL, PRADESH - 523305. PRAKASAM DISTRICT, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. STAMPS AND REGISTRATION DEPARTMENT AND INSPECTOR GENERAL OF GOVERNMENT OF ANDHRA COMMISSIONER REGISTRATION AND STAMPS PRADESH, REGISTRATION BHAVAN, GOLLAPUDI, VIJAYAWADA, 2.THE KRISHNA DISTRICT. 3.THE DISTRICT REGISTRAR, PRAKASAM DISTRICT AT ONGOLE ANDHRA PRADESH. 4.THE SUBREGISTRAR, DARSI, PRAKASAM DISTRICT PRADESH. ANDHRA ...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 an appropriate Writ, Order or Direction, more - particularly one in the nature of Writ of Mandamus, declaring the proceedings issued by the 2nd Respondent in Draft Memo No. G2/19134/2011 dated. 01.12.2011 as being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India apart from violative of Principles of Natural Justice and consequently direct the 4th Respondent to receive, process, and register the document that may be presented by the Petitioner for registration in respect of his undivided share of land to an extent of Ac. 0.33.3 cents 1611.7 Square Yardsin Sy. No. 211/1situated in Donakonda Mandal, Prakasam District, without reference to the memo of the 2nd Respondent bearing No. G2/19134/2011 dated 01-12- 201 land 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 pleased to direct the 4th Respondent to receive the document presented by the Petitioner in respect of his undivided share of land to an extent of Ac. 0.33.3 cents or 1611.7 Square Yards in Sy. No. 211/1 situated in Badapuram Village, Donakonda Mandal, Prakasam District, without reference to the memo of the 2nd Respondent bearing No. G2/19134/2011 01.12.201 lin the interest of justice and pass Counsel for the Petitioner: or Badapuram Village, pass dated: 1.SHAIK ASIF Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: 0 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28573 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings issued by the 2nd Respondent In Draft Memo No. G2/19134/2011 dated. 01.12.2011 as being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India apart from violative of Principles of Natural Justice and conseguently direct the 4th Respondent to receive, process, and register the document that may be presented by the Petitioner for registration in respect of his undivided share of land to an extent of Ac. 0.33.3 cents or 1611.7 Sguare Yardsin Sy. No. 211/1 situated in Badapuram Village, Donakonda Mandal, Prakasam District, without reference to the memo of the 2nd Respondent bearing No. G2/19134/2011 dated 01- 12- 201 land pass..." 2. The above writ petition is filed to direct the respondent No.4-Sub- Registrar to receive and register the document presented by the petitioner to an extent of Ac.0.33.3 cents or 1611.7 square yards in Sy.No.211/1 situated in Badapuram Village, Donakonda Mandal, Prakasam District, without reference to the memo issued by respondent No.2 bearing No.G2/19134/2011, dated 01.12.2011. 3. Learned counsel for the petitioner would submit that the issue involved in the present writ petition is squarely covered by the order dated 14.07.2025 passed in W.P.No.17277 of 2025. 4. The learned Single Judge of this Court, disposed of the W.P.No.17277 of 2025, duly referring to the order dated 1981 of 2020, dated 30.01.2020, and directed the Sub-Registrar to receive and register the document presented by the petitioner for registration in respect of property to an extent of Ac.0.10 cents in Sy.No.211/1 of Bandapuram Markapuram Revenue Division, Prakasam District. Village, Dhonakonda Mandal, 5. Learned counsel for the petitioner requested this similar order in the present writ petition also. 6. On the other hand, learned Assistant Government Pleader that the petitioner herein has not presented petition itself is premature, and requested this Court petition. Court to pass the would submit any document and the present writ to dismiss the writ 7. Admittedly, the learned Single Judge of this Court in W.P.No.17277 of 2025, directed the Sub-Registrar to receive and register the document presented by the petitioner for registration in respect of property situated i Sy.No.211/1 of Badapuram Village, Dhonakonda which is the very same survey number involved in Mandal, Prakasam District, in the present writ petition. In view of the above, without touching the merits of the 8. case, the present Writ Petition is disposed of in terms of the order dated 14,07.2025 passed in W.P.No.17277 of 2025. Registry is directed to annex the copy of order dated 14.07.2025 passed in W.P.No.17277 of 2025 to this order. There shail be no order as to costs. & As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Stamps and Registration Department Secretariat buildings. State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Registration Bhavan, Gollapudi, Vijayawada, Krishna District. 3. The District Registrar, Prakasam District at Ongole Andhra Pradesh. 4. The Sub-Registrar, Darsi, Prakasam District, Andhra Pradesh. 5. OneCCto Sri. Shaik Asif Advocate [OPUC] 6. Two CCs to GP for Registration and Stamps High Court of Andhra Pradesh [OUT] ' ' 7. Two CD Copies (Along with a copy of the order dated 14.07.2025 passed in 17277 of 2025) gsc HIGH COURT DATED:27/10/2025 ORDER WP NO. 28573 OF 2025 gf 3 0 OCT 2025 ^ * ^NjyrrentSectioL^ o Try : Oa ' DISPOSING THE WP WITHOUT COSTS APHC010339582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17277/2025 Between: 1.MADI SETTY VEGI VENKATA NARAYANA, SHP. KOTI LINGAM, AGED ABOUT 56 YEARS, DONAKONDA, PRAKASAM DISTRICT, ANDHRA PRADESH. RIO. D.NO. 7-1, ARABASTAN, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL STAMPS AND REGISTRATION DEPARTMENT, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2.THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, , GOVERNMENT OF ANDHRA PRADESH, REGISTRATION BHAVAN, GOLLAPUDI, VIJAYAWADA, KRISHAN DISTRICT. 3.THE DISTRICT REGISTRAR, ONGOLE, PRAKASAM DISTRICT. 4.THE SUBREGISTRAR, DARSI, PRAKASAM 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 to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declare the proceedings issued by the 2nd Respondent in Draft Memo No. G2/19134/2011 dated. 01.12.2011 as being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India SRS,.x W.P,No.17277of2025 ' apart from violative of Principles of Natural Justice and consequently direct the 4th Respondent to receive and register the document that may be presented by the petitioner for registration in respect of the property to an extent of Ac. 0.10 cents in Sy. No. 211/1 situated at Dhonakonda Village and Mandal, Revenue Division, Prakasam District, without reference to the dated. Markapuram memo l 01.12.2011and pass of the 2nd Respondent bearing No.G2/19134/2011 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 Respondent No. 4 to receive and register the document that may be presented by the petitioner for registration in respect of the property to an extent of Ac. 0.10 cents in Sy. No. 211/1 situated at Dhonakonda Village and Revenue Division, Prakasam District, without reference Respondent bearing No.G2/19134/2011 dated: Mandal, Markapuram to the memo of the 2nd 01.12.2011 in the interest of justice and pass Counsel for the Petitioner: 1.AYESHAAZMAS Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: :: ORDER :: The above writ petition has been filed impugning the proceedings vide Draft Memo No.G2/19134/2011, dated and further to direct the respondent No.4 to receive and issued by respondent No.2 01.12.2011 (Ex.P1) register the document that may be presented by the petitioner for registration extent of Ac.0.10 cents in Sy.No.211/1 of in respect of property to an Dhonakonda Village District. and Mandal, Markapuram Revenue Division, Prakasam SRS,J W.P.No.17277 of 2025 for consideration, learned counsel involved in this writ petition is 2. Today, when the matter is taken up for the petitioner would submit that the issue covered by the order dated 30.01.2020 in W.P.No.1981 of 2020. Government Pleader for Stamps and Registration did made by learned counsel for the petitioner and Learned Assistant not refute the submission endorsed the same. The learned Single Bench of this Court in W.P.No.1981 of 2020 dated 30.01.2020, observed as follows; 3. 4. that when the “The main ground urged by this petitioner / document is presented for registration, rejection of the same based on the Draft Memo No-G2/19134/2011. dt.01-12-2011 with District vide Endorsement No.GI/1382/2011, dated 09-12- IS Registrar, Ongole 2011. The memo was issued in view of the injunction orders passed by The Madras High Court directed based on a the High Court of Madras, letter from Rev.B.M.Sudheer to The Inspector General of Stamps 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 covered under the Scheme. But, the order respect of the properties not communicated to Rev.B.M.Sudheer to the District Registrar, who in Registrar except the letter of turn issued such was direction. order under challenge under Section 71 of the the memo issued by According to the Registration Act, refusal to register a document on Tahsildar or any other officer is illegal in view of the Division Bench two Division Bench judgments in P.Narasimha Reddy v. Sub-Registrar, Shameerpeta Mandat, Ranga Reddy District and S.Nagi Reddy v. Joint Sub-Registrar, Tirupatir Therefore, the order impugned in this Writ Petition is contrary to the law declared by the Division Bench and ' 2005 (2) ALD 807 = 2005 (4) ALT 260 2 1999 (4) ALD 81 = 1999 (4) ALT 556 i ’f X s- ■ii. ■J- SRS.j, W.P.No. 17277 of 2025 a/so anotherjudgment of Single Judge in W.P. No. 10721 of 2016, dt.01- 04-2016, .WP.No.34689 of 2012, dt.12-12-2012. Hence, the impugned proceedings are hereby set aside while directing the 4th respondent to receive and register, if It is not prohibited by any order or law, the document by following the principles laid down in the judgments referred supra. ” 5. Given the same, the Writ Petition is disposed of, in terms of order dated 30.01.2020 in W.P.No.1981 of 2020, directing the respondent No.4 to receive and register the document presented by the petitioner for registration in respect of the property to an extent of Ac.0.10 cents in Sy.No.211/1 of Dhonakonda Village and Mandal, Markapuram Revenue Division, Prakasam District. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. JUSTICE SUBBA REDDY SATTI Date : 14.07.2025 TVN