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2026 DAILYLAW 4734 (AP)

B.Adinarayana v. The State of Andhra Pradesh

WP/4914/2018 · 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 : APHC010112032018 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: 4914/2018 Between: 1. B.ADINARAYANA, S/O.NANJUDIAH, AGED ABOUT 51 YEARS, OCC. STAMP VENDOR, R/O.D.NO.11/1/123, GANDLA STREET, BADVEL, Y.S.R. DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF STAMPS AND REGISTRATION, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE INSPECTOR GENERAL OF REGISTRATION AND STAMPS, EEDUPUGALLU, KANKIPADU ROAD, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, Y.S.R. DISTRICT. 4. THE DISTRICT REGISTRAR OF ASSURANCES, PRODDATUR REGISTRATION DISTRICT, PRODDATUR, Y.S.R. DISTRICT. 5. THE SUBREGISTRAR, BADVEL, Y.S.R. DISTRICT. ...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 2 VS,J W.P.Nos.4914 & 4961 of 2018 pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the proceedings No.G1/1285/2016, dated 06-11- 2017 issued by the respondent No.4 in refusing to return the Stamps other connected records relating Stamp Vendor License No.001/1987 issued in petitioner favor for Badvel Sub-Registrar Office Jurisdiction, Badvel, YSR District and seized through the proceedings in File.No.G1/1285/2016, dated 30-12-2016, eventhough the suspension period of seven (7) months w.e.f., 30-12-2016 imposed on petitioner in PROCGS.No.G1/1285/2016, dated 22- 06-2017 issued by him is expired by 31-07-2017 as arbitrary, illegal and violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to return the Stamps and other connected records seized through the proceedings in File.No.G1/1285/2016, dated 30-12-2016 to 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 respondent No.4 to return the Stamps and other connected records seized through the proceedings in File.No.G1/1285/2016, dated 30-12-2016 to petitioner, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR REGISTRATION AND STAMPS 3 VS,J W.P.Nos.4914 & 4961 of 2018 Date of reserved for orders : Date of pronouncement : 01.07.2026 Date of uploading : APHC010111512018 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: 4961/2018 Between: 1. B. ADINARAYANA,, S/O.NANJUDIAH, AGED ABOUT 51 YEARS, OCC. STAMP VENDOR, R/O.D.NO.11/1/123, GANDLA STREET, BADVEL, Y.S.R. DISTRICT ...PETITIONER AND 1. PRL SECY STAMPS AND REG DEPT STATE OF A P, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF STAMPS AND REGISTRATION, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE INSPECTOR GENERAL, OF REGISTRATION AND STAMPS, EEDUPUGALLU, KANKIPADU ROAD, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DEPUTY INSPECTOR GENERAL, OF REGISTRATION AND STAMPS, Y.S.R. DISTRICT. 4. THE DISTRICT REGISTRAR OF ASSURANCES, PRODDATUR REGISTRATION DISTRICT, PRODDATUR, Y.S.R. DISTRICT. 5. THE SUBREGISTRAR, BADVEL, Y.S.R. DISTRICT. ...RESPONDENT(S): 4 VS,J W.P.Nos.4914 & 4961 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 to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the proceedings No.G1/1285/2016, dated 06-11- 2017 issued by the respondent No.4 in refusing to renew the Stamp Vendor License No.001/1987 issued in petitioner favor for Badvel Sub-Registrar Office Jurisdiction, Badvel, YSR District eventhough the suspension period of seven (7) months w.e.f., 30-12-2016 imposed on petitioner vide orders in PROCGS.No.G1/1285/2016, dated 22-06-2017 issued by him is expired by 31-07-2017 as arbitrary, illegal and violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to renew the Stamp License No.001/1987 issued in petitioner favor for Badvel Sub- registrar's Office jurisdiction, YSR District, 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 respondent No.4 to renew the Stamp License No.001/1978 issued in petitioner favor for Badvel Sub-Registrar's Office jurisdiction, YSR District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR REGISTRATION AND STAMPS The Court made the following: 5 VS,J W.P.Nos.4914 & 4961 of 2018 COMMON ORDER: Since the issue involved in both these writ petitions is one and the same and the parties in both the writ petitions are also one and the same, both these writ petitions were heard together and are being disposed of by this common order. 2. W.P.No.4914 of 2018 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 nature of Writ of Mandamus declaring the proceedings No. G1/1285/2016, dated 06.11.2017 issued by the respondent No.4 in refusing to return the Stamps other connected records relating Stamp Vendor License No.001/1987 issued in petitioner favor for Badvel Sub-Registrar Office Jurisdiction, Badvel, YSR District and seized through the proceedings in File No.G1/1285/2016, dated 30.12.2016, eventhough the suspension period of seven (7) months w.e.f., 30.12.2016 imposed on petitioner in PROCGS No. G1/1285/2016, dated 22.06.2017 issued by him is expired by 31.07.2017 as arbitrary, illegal and violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to return the Stamps and other connected records seized through the proceedings in File No.G1/1285/2016, dated 30.12.2016 to petitioner me and pass ….” 3. W.P.No.4961 of 2018 is filed under Article 226 of the Constitution of India seeking the following relief:- 6 VS,J W.P.Nos.4914 & 4961 of 2018 “……..to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the proceedings No. G1/1285/2016, dated 06.11.2017 issued by the respondent No.4 in refusing to return the Stamps other connected records relating Stamp Vendor License No.001/1987 issued in petitioner favor for Badvel Sub-Registrar Office Jurisdiction, Badvel, YSR District and seized through the proceedings in File No.G1/1285/2016, dated 30.12.2016, eventhough the suspension period of seven (7) months w.e.f., 30.12.2016 imposed on petitioner in PROCGS No. G1/1285/2016, dated 22.06.2017 issued by him is expired by 31.07.2017 as arbitrary, illegal and violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to return the Stamps and other connected records seized through the proceedings in File No.G1/1285/2016, dated 30.12.2016 to petitioner me and pass ….” 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 5. It is the case of the petitioner that he was issued a Stamp Vendor License bearing No.001/1987 for Badvel Sub-Registrar Office Jurisdiction, Badvel, YSR Kadapa District and the same was renewed for a period of three (03) years i.e., from 2014 to 2016 vide renewal No.11-01-005-2014. While the things stood thus, basing upon a complaint made by one K.Rambabu against the petitioner, an enquiry was initiated. After giving an opportunity of hearing to the petitioner and duly conducting an enquiry, the petitioner’s license was suspended for a period of seven (07) months with effect from 30.12.2016 under BSO 77(3), vide proceedings dated 22.06.2017 of the District 7 VS,J W.P.Nos.4914 & 4961 of 2018 Registrar/4th respondent. After expiry of the said suspension period, the petitioner submitted a representation to respondent No.4 on 01.08.2017, requesting to return the license/stamp papers and other documents seized from him at the time of suspension, as the suspension period was completed. As no action has been initiated on the said representation dated 01.08.2017, petitioner was constrained to file W.P.No.33218 of 2017. The said writ petition was disposed of vide order dated 05.10.2017, by directing the 4th respondent herein to consider the claim of the petitioner as ventilated in his representation dated 01.08.2017 regarding return of the documents/stamp papers and other records seized from the petitioner and if there is no other impediment, to return those documents/stamp papers and other records as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of the order. 6. Now, the grievance of the petitioner in the present writ petition is that thereafter, his request for return of the stamps and stamp vendor records as well as renewal of license was rejected by the 4th respondent, vide memo dated 06.11.2017. Aggrieved by which, the present writ petition is filed. 7. The 4th respondent has filed a counter-affidavit, duly admitting the facts as stated by the petitioner, however, it is stated that in pursuance of the orders passed by this Court, the 4th respondent examined the case of the petitioner and refused to renew his license to vend stamps vide proceedings No.G1/1285/2016 dated 06.11.2017. Accordingly, the petitioner was also 8 VS,J W.P.Nos.4914 & 4961 of 2018 informed through Memo No.G1/1285/2016 dated 06.11.2017 that as his license was not renewed for further period, the stamps and records seized from him cannot be returned and in the circumstances, advised the petitioner to apply for refund of stamps under proviso to Section 54 of Indian Stamps Act. 8. The counter also refers to various instances, which have come to right during the course of the enquiry by the 4th respondent. However, as rightly pointed out by the learned counsel for the petitioner, it can be observed that though an enquiry was conducted initially by affording an opportunity of hearing to the petitioner by giving a notice while suspending the petitioner’s license, but however, thereafter, no such opportunity was afforded to the petitioner to put forth his stand with regard to the allegations referred to in the impugned Memo dated 06.11.2017. Even, the counter-affidavit does not disclose as to whether any notice was given to the petitioner before issuing the impugned Memo dated 06.11.2017. Even on perusal of the impugned Memo also, it can be observed that it refers to only the office proceedings dated 06.11.2017, whereby it is refused to renew the petitioner’s license, which is the basis for refusal of return of stamps and related records to the petitioner. 9. As the refusal to renew the license in favour of the petitioner is nothing but cancelation of his license, which is a major punishment and while initiating the said punishment, the respondents ought to have conducted a detailed 9 VS,J W.P.Nos.4914 & 4961 of 2018 enquiry by issuing a notice to the petitioner and affording an opportunity of hearing on the documents which are relied upon during the course of the enquiry. Therefore, this Court deems it appropriate to remand the matter to the 4th respondent to conduct a fresh enquiry, duly issuing notice to the petitioner and affording him an opportunity of hearing. 10. Accordingly, instead of touching the merits of the case, the Writ Petitions are allowed by setting aside the impugned Memo No.G1/1285/2016, dated 06.11.2017 as well as the impugned proceedings No.G1/1285/2016, dated 06.11.2017, and the matter is remitted back to the 4th respondent for conducting a fresh enquiry, after duly issuing notice to the petitioner and affording him an opportunity of hearing in accordance with law. The said process shall be completed within a period of four months from the date of receipt of copy of this order. As a sequel, Interlocutory Applications pending, if any, shall stand closed. There shall be no order as to costs. __________________ JUSTICE V.SUJATHA Dated: 01.07.2026 Pmk Whether the order is: Speaking Reasoned Reportable Non-reportable 10 VS,J W.P.Nos.4914 & 4961 of 2018 205 THE HON’BLE SMT JUSTICE V.SUJATHA W.P.Nos.4914 and 4961 OF 2018 01.07.2026 Pmk