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2026 DAILYLAW 4683 (AP)

K.Rama Subba Reddy v. The State of Andhra Pradesh,

WP/27670/2018 · 2026-06-30

V Sujatha

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement :01.07.2026 Date of uploading : APHC010577472018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27670/2018 Between: 1. K.RAMA SUBBA REDDY, S/O. RAMA KRISHNA REDDY AGED 49 YEARS, OCC. AGRICULTURE, R/O D.NO.1-23, MAILAPALLI VILLAGE, CHETVELU MANDAL, YSR KADAPA DISTRICT. , ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE (REGISTRATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST 2. THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, SRI BALAJI REGISTRATION DISTRICT, TIRUPATI, CHITTOOR DISTRICT. 3. THE SUBREGISTRAR, RENIGUNTA, CHITTOOR DISTRICT. 4. THE COMMISSIONER OF ENDOWMENTS, GOVT. OF A.P., ONE CENTER, OPP.S GRAND RESTAURANT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH - 521225 5. SRI SWAMY HATHIRAMJEE MUTT, REPRESENTED BY ITS MAHANTH TIRUPATI, CHITTOOR DISTRICT ...RESPONDENT(S): 2 VS,J W.P.No.27670 of 2018 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 toto issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents 2 and 3 in refusing to receive the documents presented by the petitioner in respect of the land in Sy.No.13 of Avilala Village, as prohibited property for registration under section 22-A of Registration Act, 1908 based on the recommendations of the 4th Respondent, as illegal, arbitrary, unreasonable and contrary to the provisions of the Registration Act and issue a consequential direction by directing the Respondents 2 and 3 to receive, register and release the document presented by the petitioner 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 Sub-Registrar, Renigunta, Chittoor district to receive and register the documents presented by the petitioner in respect of the land in Sy.No.13 of Avilala Village, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. CH VENKAT RAMAN Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) 3. GP FOR ENDOWMENTS (AP) The Court made the following: 3 VS,J W.P.No.27670 of 2018 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 and 3 in refusing to receive the documents presented by the petitioner in respect of the land in Sy.No.13 of Avilala Village, as prohibited property for registration under section 22-A of Registration Act, 1908 based on the recommendations of the 4th Respondent as illegal, arbitrary, unreasonable and contrary to the provisions of the Registration Act and issue a consequential direction by directing the Respondents 2 and 3 to receive register and release the document presented by the petitioner and pass….” 2. The case of the petitioner is that he is the absolute owner and possessor of land admeasuring Ac.1.00 cents in Sy.No.13 of Avilala Village, Tirupati Rural Mandal, Chittoor District, having purchased the same from one Kobaku Subramanyam Reddy and others under Registered Sale Deed No.290 of 2014, dated 18.01.2014, and since then he has been in peaceful possession and enjoyment of the same. 3. The grievance of the petitioner is that, though the subject property is a private property, which was purchased from the original owner under registered sale deed, the 5th respondent is claiming the said land, and at the instance of the 5th respondent, respondents No.2 and 3 are refusing to receive the document presented by the petitioner in respect of the subject land for 4 VS,J W.P.No.27670 of 2018 registration on the ground that the subject land is included in the prohibitory list maintained under Section 22-A of the Registration Act, 1908. Aggrieved by the said action, the petitioner has filed the present writ petition. 4. Respondent No.3 has filed counter affidavit stating that the subject land in Sy.No.13 of Avilala Village is classified as “Endowment land” in the list of prohibited properties furnished by the Commissioner of Endowments vide Letter No.M1/9580/2016, dated 05.07.2016, under Section 22-A(1)(c) of the Registration Act, 1908. Therefore, since the subject land is notified in the prohibitory list, the registration of the document is contrary to law and as such, the registering authority is justified in refusing to register the document in respect of the subject land. It is further stated that the petitioner has to approach the appropriate authority for deletion of the subject land from the prohibitory list. It is, therefore, prayed to dismiss the writ petition. 5. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 6. Though the 3rd respondent contended that the subject property is notified in the prohibitory list and, therefore, registration cannot be effected in respect of the subject property, there is nothing on record to show that the 3rd respondent has received the document presented by the petitioner and refused to entertain the same on the ground that it is included in prohibited properties list as required under Section 71 of the Registration Act, 1908. 5 VS,J W.P.No.27670 of 2018 7. In this regard, it is relevant to refer to Section 71 of the Act, which reads as follows: 71. Reasons for refusal to register to be recorded.-(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district, shall make an order of refusal and record the reasons for such order in his Book No.2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.” (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. 8. In view of the above, respondents No.2 and 3 are directed to receive and process the document(s), as and when presented by the petitioner for registration, in accordance with the provisions of Section 71 of the Act. If the document cannot be registered, the respondents shall pass appropriate orders in accordance with Section 71 of the Registration Act, 1908, so as to enable the petitioner to avail the statutory remedy of appeal under Section 72 of the said Act. 9. With the above directions, the Writ Petition is disposed of. No costs. 6 VS,J W.P.No.27670 of 2018 As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 01.07.2026 Pmk Whether the order is: Speaking  Reasoned Reportable Non-reportable  7 VS,J W.P.No.27670 of 2018 134 THE HON’BLE SMT JUSTICE V.SUJATHA W.P.No.27670 OF 2018 01.07.2026 Pmk