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High Court of Andhra Pradesh · body

2025 DAILYLAW 59345 (AP)

Palukuri Ramakrishnaiah Naidu, v. The State of Andbra Pradesh,

WP/36021/2025 · 2025-12-25

Subba Reddy Satti

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010698692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36021/2025 Between: 1. PALUKURI RAMAKRISHNAIAH NAIDU,, S/O PALUKURI CHINNABBA NAIDU AGED ABOUT 53 YEARS, D.NO.2-22-I/20/403,RAMALAYAM STREET, EENADU COLONY, KUKATPALLI, HYDERABAD, TELANGANA -500072. ...PETITIONER AND 1. THE STATE OF ANDBRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO REVENUE (STAMPS AND REGISTRATION), VELAGAPUDI, AMARAVATBI, ANDBRA PRADESB - 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): 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 order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 3rd Respondent in keeping the doeuments pending with Doeuments No. 129/2025, 128/2025,126/2025 and 127/2025 related to the properties bearing Plot No. 10 to an extent of 200 Sq.Yards/ 1800 Sft, Plot No. 11 to an extent of 244.44 Sq.Yards / 2200 Sft, Plot No.9 to an extent of 200 Sq.Yards / 1800 Sft and Plot No.8 to an extent of 200 Sq.Yards / 1800 Sft, situated in Survey No. 196/1 to an extent of Ac 0.25 Cents and Survey No. 194/9 to an extent of Ae 2 0.68 Cents at No.l 1 Tiruehanoor, No.22 Damineedu Village Account, Renigunta Sub-Division, Tirupati Rural Mandal, Tirupati District by paying requisite stamp duty of Rs 1,69,000/-, Registration Fee of Rs 26,000/- and User Charges of Rs 700/- totaling Rs 1,95,000/- each for Plots Nos. 8,9,10 and for plot no. 8,9,10 and for plot no. 11 stamp duty of Rs2,06,600/-, Registration Fee of Rs 31,800/- and User Charges of Rs 700/- totaling Rs 2,39,100/- totaling Rs 7,91,600 for four plots and in spite of lapse of 3 Months not releasing the doeument is as illegal arbitrary and uneonstitutional, violation of prineiples of Natural justiee and violation of Artieles 14, 21 and 300A of the Constitution of India and eonsequently direet the 3rd respondent to release the Pending Documents No. 129/2025, 128/2025,126/2025 and 127/2025 dated 17.09.2025 related to the properties bearing Plot No. 10 to an extent of 200 Sq.Yards / 1800 Sft, Plot No.l 1 to an extent of 244.44 Sq.Yards / 2200 Sft, Plot No.9 to an extent of 200 Sq.Yards / 1800 Sft and Plot No.8 to an extent of 200 Sq.Yards / 1800 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. 11 Tiruehanoor, 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 Documents No. 129/2025, 128/2025,126/2025 and 127/2025 dated 17.09.2025 related to the properties bearing Plot No. 10 to an extent of 200 Sq.Yards / 1800 Sft, Plot No.l 1 to an extent of 244.44 Sq. Yards / 2200 Sft, Plot No.9 to an extent of 200 Sq. Yards / 1800 Sft and Plot No.8 to an extent of 200 Sq.Yards / 1800 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. 11 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: 1. D KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS 3 The Court made the following order: Heard Sri D.Kishore Kumar, learned counsel for the petitioner, Sri B.V.Satyanarayana, learned Assistant Government Pleader for Stamps and Registration, appearing for respondent Nos.1 to 4. 2. Learned counsel for the petitioner would submit that the petitioner presented a document dated 17.09.2025 (Ex.P1) before the 3rd respondent. The petitioner also submitted another three documents, dated 17.09.2025, before the 3rd respondent. Learned counsel further submits that the 3rd respondent did not register the said documents by following the procedure mandated under the Registration Act, 1908. 3. Learned Assistant Government Pleader, on instructions, would submit that the 3rd respondent received aforementioned documents and assigned P126/2025, P127/2025, P128/2025 and P129/2025. Thereafter, an order was passed under Section 71 of the Registration Act, 1908, (hereinafter referred to as ‘Act’,) on 23.09.2025. If the petitioner is aggrieved of, by the said order, the petitioner has to challenge the same by way of appeal under Section 72 of the Act. 4. In reply, learned counsel for the petitioner sought liberty to challenge the endorsement dated 23.09.2025, passed under Section 71 of the Act by the 3rd respondent, before the appellate authority. 5. Given the facts and circumstances the writ petition is disposed of at the stage of admission, with the consent of the counsel appearing on either side, granting liberty to the petitioner to challenge the refusal endorsement dated 23.09.2025, issued by the 3rd respondent under Section 71 of the Act, before the appellate authority. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Dated: 26.12.2025 JLV 4 103 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36021/2025 Dated: 26.12.2025 JLV