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High Court of Andhra Pradesh · body

2025 DAILYLAW 59193 (AP)

R. Govardhan Babu, v. The State of Andhra Pradesh,

WP/36105/2025 · 2025-12-28

D Ramesh

body2025

Judgment text

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APHC010698362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36105/2025 Between: 1. R. GOVARDHAN BABU,, 5/0 SIDDAIAH NAIDU, AGED ABOUT 42 YEARS, D.NO.4-28, THOTA TIMMAIAHGARI PALL, MOGARALA POST, DAMALACHERUVU MANDALAM, CHITTOOR DISTRICT- ANDHRA PRADESH- 517152. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO REVENUE (STAMPS AND REGISTRATION), VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - 522237. 2. THE DISTRICT REGISTRAR, TATA NAGAR, TIRUPATI, TIRUPATI DISTRICT, ANDHRA PRADESH -517501. 3. THE SUBREGISTRAR, SUB REGISTRAR OFFICE, RENIGUNTA, TIRUPATI DISTRICT, ANDHRA PRADESH - 517520. 4. THE DISTRICT COLLECTOR, O/O THE DISTRICT COLLECTORATE, TIRUPATI DISTRICT, TIRUPATI-517501 ...RESPONDENT(S): -2- W.P. No.36015 OF 2025 Date of order:29.12.2025 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 order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 3rd Respondent in keeping the documents pending with P.No 114/2025 and 112/2025 related to the properties bearing Plot No.13 to an extent of 212.61 Sq.Yards / 1913.50 Sft and Plot No.14 to an extent of 212.61 Sq.Yards / 1913.50 Sft situated in Survey No.196/1 to an extent of Ac 0.25 Cents and Survey No.194/9 to an extent of Ac 0.68 Cents at No.ll Tiruchanoor, No.22 Damineedu Village Account, Renigunta Sub-Division, Tirupati Rural Mandal, Tirupati District by paying requisite stamp duty of Rs1,79,700/-, Registration Fee of Rs 27,700/- and User Charges of Rs 700/- totaling Rs 2,08,100/- each for Plots Nos. 13 and 14 and in spite of lapse of 3 Months not releasing the document is as illegal arbitrary and unconstitutional, violation of principles of Natural justice and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the 3rd respondent to release the Pending document No. 114/2025 and 112/2025 dated 17.09.2025 related to the properties bearing Plot No.13 to an extent of 212.61 Sq.Yards / 1913.50 Sft and Plot No.14 to an extent of 212.61 Sq.Yards / 1913.50 Sft situated in Survey No.196/1 to an extent of Ac 0.25 Cents and Survey No.194/9 to an extent of Ac 0.68 Cents at No.l l Tiruchanoor, No.22 Damineedu Village Account, Renigunta Sub-Division, Tirupati Rural Mandal, Tirupati District executed in the name of the petitioner and pass IA 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 3rd respondent to release the Pending document No. 113/2025 and 115/2025 dated 17.09.2025 related to the properties bearing Plot No.13 to an extent of 212.61 Sq.Yards / 1913.50 Sft and Plot No.14 to an extent of 212.61 Sq.Yards / 1913.50 Sft situated in Survey No.196/1 to an extent of Ac 0.25 Cents and Survey No.194/9 to an extent of Ac 0.68 Cents at No.l l Tiruchanoor, No.22 Damineedu Village Account, Renigunta Sub-Division, Tirupati Rural Mandal, Tirupati District executed in the name of the petitioner and pass Counsel for the Petitioner: -3- W.P. No.36015 OF 2025 Date of order:29.12.2025 1. D KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS The Court made the following: -4- W.P. No.36015 OF 2025 Date of order:29.12.2025 HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No.36105 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in keeping the documents pending with P.No 114/2025 and 112/2025 related to the properties bearing Plot No.13 to an extent of 212.61 Sq.Yards / 1913.50 Sft and Plot No.14 to an extent of 212.61 Sq.Yards / 1913.50 Sft situated in Survey No.196/1 to an extent of Ac 0.25 Cents and Survey No.194/9 to an extent of Ac.0.68 Cents at No.ll Tiruchanoor, No.22 Damineedu Village Account, Renigunta Sub- Division, Tirupati Rural Mandal, Tirupati District, by paying requisite stamp duty of Rs1,79,700/-, Registration Fee of Rs 27,700/- and User Charges of Rs 700/- totaling Rs 2,08,100/- each for Plots Nos. 13 and 14 and in spite of lapse of 3 Months not releasing the document, as illegal, arbitrary. 2. During the course of hearing, the 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. 3. The learned Government Pleader for Revenue appearing for respondents did not oppose the said submission. 4. 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 -5- W.P. No.36015 OF 2025 Date of order:29.12.2025 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, 1899. 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. 5. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the parties. No costs. 6. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE D.RAMESH Dt.29.12.2025 BV