APHC010412222018 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX [3459] PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.19006 OF 2018 Between: 1. NARAVA SURYA PRASAD RAO, S/O. LATE SRI SURYNARAYANA, AGED 63 YEARS, R/O. D.NO.10-17-10/A, NEYYALA STREET, CHEPALA BAZAR, ANAKAPALLI, VISAKHAPATNAM-531001. 2. BUDATA GANESH, S/O. SRI B. SURI BABU, AGED 40 YEARS, R/O. D.NO.17-173, PALLINARAYNA PURAM, SIVALAYAM BACK SIDE, GOPALAPATNAM (RURAL), PRAHALADAPURAM, VISAKHAPATNAM-530027. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, REVENUE, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUBREGISTRAR, GOPALAPATNAM, VISAKHAPATNAM-27. ...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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS directing the 2 Respondents to receive and register the document on its presentation by Petitioners or their Vendors in respect of land measuring 184 Square Yards in Plot No.34 of the 1st Petitioner and 140 Square Yards in Plot No.25 of the 2nd Petitioner, comprises of Patta No.42 in Sy.No.151/3A, Sarada Nagar Layout situated at Vepagunta Village, Penduruthy Mandal, Greater Visakhapatnam Municipal Corporation, Gopalapatnam S.R.O. Limits, Visakhapatnam District., by virtue of agreement of Sale Agreements dt. 23-04-2018 and 10-03-2018 respectively and return the same on being registered and pass IA NO: 1 OF 2018 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 Respondents to consider of the document presented by the Petitioners or their Vendors in respect of land measuring 184 Square Yards in Plot No.34 of the 1st Petitioner and 140 Square Yards in Plot No.25 of the 2nd Petitioner, comprises of Patta No.42 in Sy.No.151/3A, Sarada Nagar Layout situated at Vepagunta Village, Penduruthy Mandal, Greater Visakhapatnam Municipal Corporation, Gopalapatnam S.R.O. Limits, Visakhapatnam District., by virtue of agreement of Sale Agreements dt. 23-04-2018 and 10-03-2018 respectively for registration and return the same duly registering the same pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. A V S LAXMI Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) The Court made the following 3 ORDER: The 1st petitioner has entered into an agreement of sale, dated 23.04.2018, for an extent of 184 Sq. Yards, Plot No.34, comprises of Patta No.42 in S.No.151/3A, Sarada Nagar Layout, situated at Vepagunta Village, Pendurthy Mandal, Greater Visakhapatnam Municipal Corporation, Gopalapatnam S.R.O Limits, Visakhapatnam District and the 2nd petitioner has entered into an agreement of sale, dated 10.03.2018, for an extent of 140 Sq. Yards, Plot No.25, comprises of Patta No.42 in S.No.151/3A, situated at Sarada Nagar Layout, P.R No.126/87, dated 27.10.1987, Vepagunta Village, Pendurthy Mandal, Greater Visakhapatnam Municipal Corporation, Gopalapatnam S.R.O Limits, Visakhapatnam District and the petitioners approached the second respondent for registration of the sale deeds, he refused to register the same, without assigning any reasons. Challenging the same, the petitioners filed the present Writ Petition. 2. Heard the arguments of learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue and perused the material available on record. 3. Learned counsel for the petitioners submits that the respondent authorities, without receiving the documents, cannot refuse them for registration. If at all the respondent authorities want to refuse the documents for registration, specific reasons have to be assigned for doing the same. 4 4. Learned Assistant Government Pleader for Revenue, submits that consequent to the enactment of the A.P. Inams (Abolition and Conversion into Ryotwari) Act, 1956 all the Inam lands were abolished and as such the lands in Survey No.151/3A of Vepagunta Village were endowed by Sri Sri Sri Maharaja of Vizianagaram estate in favour of Sri Varaha Lakshmi Narasimhaswamy Devasthanam, Simhachalam and the same were notified under Section 22(A)(1)(c) in Annexure-III of the Registration (A.P. Amendment) Act, 2007. The petitioners’ lands fall in the same Survey No.151/3A of Vepagunta Village, Visakhapatnam District and the same is included into the prohibited lands notified under Section 22(A)(1)(c) of the Registration Act. 5. The land in question in Survey No.151/3A, Sarada Nagar Layout, Vepagunta Village, has been notified as prohibited under Section 22(A)(1)(c) of the Registration Act. Due to it being an inam land belonging to Sri Varaha Lakshmi Narasimhaswamy Devasthanam, Simhachalam under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 the erstwhile High Court at Hyderabad has previously in W.P. No.6343 of 2018 on 26.02.2018 has held that the registration authorities cannot refuse to receive the document, presented for registration and if the second respondent therein believes that such document cannot be registered due to the land being in the prohibited land under Section 22(A)(1)(c) of the Registration Act, they must receive the document and refuse to register it and make an endorsement to that effect passing a speaking order in accordance with Section 71 of the Registration Act. 5 6. While the petitioners argue that they hold valid agreements, the Revenue Authorities cannot treat the subject land as Devasthanam property leading to registration refusal. Earlier, this Court in W.P. No.6343 of 2018 has directed the respondent authorities to process the document under Section 22(A) of the Registration Act and if refuse to pass a formal order under Section 71 of the Registration Act, allowing party to seek further recourse. 7. In view of the same, the second respondent is directed to receive the documents for registration, verify the status and pass a reasoned order under Section 71 of the Registration Act, if they intend to register due to the land falling in Survey No.151/3A of Vepagunta Village. 8. Accordingly, with the above observation, the Writ Petition is disposed. No order as to costs. Consequently, Miscellaneous Applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 30.01.2026 DSH