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2025 DAILYLAW 7964 (AP)

Thavishala Lakshmidevi, v. State of Andhra Pradesh,

WP/4387/2025 · 2025-02-19

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 43fi7 OF 7n9i; AMARAVATI PRASAD Between: Late T. Gopal Reddy Aged 57 R/o. 2-180,Udumulapadu Village, Nandhyal District, A P^ years ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretarv Department (Stamps and Registration) Secretariat ^ Amaravathi, Guntur District. ^ secretariat. , Revenue Velagapudi, 3. The District Registrar, Nandyal District. 4. The Sub Registrar, Sub-Registrar Office, Dhone, Nandyal District. ...Respondents Petition under Article 226 of the Constitution the circumstances stated i be pleased issue of India praying that in in the affidavit filed therewith, the High Court a writ, order or direction may more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of India by declaring action of the Respondent No.4 in not registering the sale deed as I egal, arbitrary and contrary to the provisions of Registration Act 1908 and violation of Article 14 and 300-A of Constitution of India and consequently direct the Respondent No.4 deed dt. 05.02.2025 to receive and process the sale presented by the petitioner. lA NO: 1 OF 2025 t 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 direct the Respondent No.4 to receive and process the sale deed dt. 05.02.2025 presented by the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: M/s. BUGULU SREETEJA Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following order: APHC010083292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4387/2025 Between: 1.THAVISHALA LAKSHMIDEVI,, W/0. LATE T. GOPAL REDDY, AGED 57 YEARS, R/0. 2-180,UDUMULAPADU VILLAGE, NANDHYAL DISTRICT, A.P. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT (STAMPS AND REGISTRATION) SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.COMMISSIONER AND INSPECTOR GENERAL STAMPS AND REGISTRATION DEPARTMENT, ANDHRA PRADESH AT VIJAYAWADA. 3.THE DISTRICT REGISTRAR, NANDYAL DISTRICT. 4.THE SUB-REGISTRAR, SUB-REGISTRAR OFFICE, DHONE NANDYAL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.BUGULU SREETEJA Counsel for the Respondent(S): 2 1.GP FOR REGISTRATION AND STAMPS The Court made the following: ORAL ORDER: Heard Sri P. Yugandhar Reddy, learned Counsel appearing on behalf of • Sri Bugulu Sreeteja, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Registration & Stamps. Learned Counsel for the Writ Petitioner has submitted that the Writ Petitioner has purchased the subject property and has submitted the Sale Deed for registration before the Joint Sub-Registrar (Respondent No.4). It is the case of the Writ Petitioner that the said Joint Sub-Registrar has declined to accept the said Sale Deed dated 05.02.2025 (Ex.P.5). It is the submission of the learned Counsel for the Petitioner that the Respondent No.4 has declined to receive the said sale deed and process the same. He would submit that no reason was given by the Respondent No.4 for declining to receive the said documents and process the same. Learned Counsel for the Petitioner has placed reliance on the judgment of this Court in Salimeni Ravindra Vs. The State of Andhra Pradesh & Ors. (W.P.No.10392 of 2021 dated 15.06.2021). He would place reliance on this judgment to submit that the Sub-Registrar cannot refuse to receive the document presented for registration. He would submit that as per Section 71 of the Registration Act, 1908, there is an obligation on the Registrar/Sub- Registrar to process the Sale Deed and either register the same or record reasons for refusal to register a document which is presented for registration and make an order of refusal and record his reasons for such order in his Book No.2 with the endorsement of the phrase “registration refused” on the presented document for registration. This procedure is followed as per Rules 161 to 164 of the Rules framed under the Registration Act, 1908. This Court, having perused the judgment of this Court in Salimeni Ravindra’s case (W.P.No.10392 of 2021 dated 15.06.2021), is of the view that 2. 3. 4. 3 the present Writ Petition is squarely covered by the said judgment. Accordingly, this Writ Petition stands disposed of with a direction to the Respondent No.4 to receive the Sale Deed dated 05.02.2025 and process the same in accordance with the procedure as indicated and as dealt with in this judgment dated 15.06.2021 in W.P.No.10392 of 2021. No order as to costs. The Writ Petitioner is directed to submit a copy of this Order along with a photocopy of the Judgment of this Court which is relied-on i.e., Salimeni Ravindra’s case (W.P.No. 10392 of 2021 dated 15.06.2021) to the Registrar for better appreciation and for following the procedure in accordance with law in future cases as well. Needless to state that on presentation of the Sale Deed, the Joint Sub-Registrar namely Respondent No.4 shall pass a Speaking Order as per law within a reasonable time in the event he/she is not inclined to register the document. Interlocutory Applications, if any, stand closed in terms of this order. 5. 6. 7. Sd/- P.U.V.BHASKAR RAO assistant REGISTRAR N OFFICER //TRUE COPY/ To, SEC The Principal Secretary, Revenue Department (Stamps and Registration), State of Andhra Pradesh, Secretariat, Velagapudi Amaravathi, Guntur District. 1. 2. The Commissioner and Inspector General Stamps and Registration Department, Andhra Pradesh at Vijayawada. The District Registrar, Nandyal District. The Sub Registrar, Sub-Registrar Office, Dhone Nandyal District. One CC to M/s Bugulu Sreeteja, Advocate [OPUC] Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT] Two CD Copies 3. 4. 5. 6. 7. RAM % HIGH COURT DATED:19/02/2025 UMAR 2025 I . CumnI Stctlon ORDER WP.No.4387 of 2025 DISPOSING OF THE WP WITHOUT COSTS