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2025 DAILYLAW 59227 (AP)

P MANOHAR REDDY v. THE STATE OF AP

WP/36320/2025 · 2025-12-29

D Ramesh

body2025

Judgment text

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APHC010702042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36320/2025 Between: 1. P MANOHAR REDDY, S/O. LATE NADHAMUNI REDDY, AGED ABOUT 52 YEARS R/O. D.NO. 13-29-59- 515,VIVEKANANDASTREET, KORLAGUNTA, TIRUPATI TOWN, TIRUPATI (URBAN) MANDAL, TIRUPATI DISTRICT, A.P. 2. 2. A. SIVA KUMAR REDDY,, S/O. LATE A. SUBRAMANYAM REDDY, AGED ABOUT 54 YEARS, R/O. T.V. KANDRIGA VILLAGE, DAMARAPAKAM POST, NAGARI MANDAL, CHITTOOR DISTRICT, A.P. 3. 3. K. DILIP REDDY, S/O. K. BHASKAR REDDY, AGED ABOUT 38 YEARS, R/O. D.NO. 19-8-114/C, HATIRAMJI COLONY, TIRUPATI TOWN, TIRUPATI (URBAN) MANDAL, TIRUPATI DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P.SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT-522238 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR- 517001 3. 3. THE JOINT COLLECTOR, CHITTOOR DISTRICT AT O/O DISTRICT COLLECTOR, CHITTOOR-517001 4. 4. THE REVENUE DIVISIONAL OFFICER, CHITTOOR REVENUE DIVISION, CHITTOOR DISTRICT-517001 5. 5. THE TAHSILDAR, VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT-517569 6. THE SUB REGISTRAR, KARVETI NAGARAM, KOMARAGUNTA, CHITTOOR DISTRICT-517582 ...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 respondents, more particularly the Respondent No.6, in refusing to register the sale deed for the subject property i.e. Plot No. 34 admeasuring an extent of 166.52 Sq. Yds. situated in Sy. No. 247/8A and Sy.No. 247/8B of Komaragunta Village, Vedurukuppam Mandal, Chittoor District purportedly based on proceedings vide Roc. A./78/2025 dated 11.04.2025 issued by the Respondent No.5 as illegal, arbitrary, unconstitutional, violative of Article 14, 21 and 300(A) of the constitution of India and contrary to the provisions of Registration Act, 1908 and Rules made thereunder and consequently direct the Respondent No.6 to process the document presented by the Petitioner herein for subject property i.e. Plot No. 34 admeasuring an extent of 166.52 Sq. Yds. situated in Sy. No. 247/8A and Sy.No. 247/8B of Komaragunta Village, Vedurukuppam Mandal, Chittoor District and pass….” . Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents 3. This writ petition is filed assailing the action of the respondents, more particularly Respondent No.6–Sub-Registrar, in refusing to register the sale deed in respect of the subject property, namely Plot No.34 admeasuring an extent of 166.52 Sq. Yards, situated in Survey Nos.247/8A and 247/8B of Komaragunta Village, Vedurukuppam Mandal, Chittoor District, purportedly on the basis of proceedings in Roc.A/78/2025 dated 11.04.2025 issued by Respondent No.5, as illegal, arbitrary, and unsustainable in law. 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 No.6 is directed to receive and process the document presented by the petitioners 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, 1908. 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 30.12.2025 klk 114 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.36320 of 2025 30.12.2025 kkllkk