Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 5060 (AP)

Bestha Nagabhushanam v. The State of Andhra Pradesh

WP/33890/2018 · 2026-07-07

V Sujatha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Date of reserved for orders : Date of pronouncement : 08.07.2026 Date of uploading : APHC010702012018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33890/2018 Between: 1. BESTHA NAGABHUSHANAM, S/O LATE BESTHA HANUMAPPA, AGED 53 YEARS, OCC. PRIVATE TEACHER, R/O D.NO.5-158, BALAJI NAGAR, SOMANDEPALLI VILLAGE AND MANDAL, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (REGISTRATION AND STAMPS) DEPARTMENT, SECRETARIAT, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT REGISTRAR, AT HINDUPUR, ANANTAPUR DISTRICT. 3. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, PENUKONDA, ANANTAPUR DISTRICT. 4. BESTHA ASWARTHAPPA, S/O BESTHA VENKATARAMANAPPA, 2 VS,J W.P.No.33890 of 2018 AGED 50 YEARS, R/O NARAYANAMMA COLONY, PENUKONDA, ANANTAPUR DISTRICT. 5. BESTHA SRINIVASULU, S/O BESTHA VENKATARAMANAPPA, AGED 48 YEARS, R/O S.KOTHAPALLI VILLAGE, RANGEPALLI POST, SOMANDEPALLI MANDAL, ANANTAPUR DISTRICT 6. BESTHA MALLIKARJUNA, S/O BESTHA VENKATARAMANAPPA, AGED 45 YEARS, R/O S.KOTHAPALLI VILLAGE, RANGEPALLI POST, SOMANDEPALLI MANDAL, ANANTAPUR DISTRICT. 7. DUDEKULA CHAND BASHA, S/O V.DATHAGIRI, AGED 40 YEARS, R/O MAIN ROSD, NTR CIRCLE, SOMANDEPALLI VILLAGE AND POST, ANANTAPUR DISTRICT. 8. JAKKA NAGARAJU, S/O JAKKA NAGISETTI, AGED 42 YEARS, R/O DURGA NAGAR, SOMANDEPALLI VILLAGE AND POST, ANANTAPUR 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 pleased to to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the official respondents in going to process the document submitted by the respondents No.4-8 for registration in respect of petitioners property in an extent, of Ac.3.25 cents out of Ac.6.75 cents in Survey No.50-1, P.No.30 situated at S.Kothapalli Village polam, Somandepalli Mandal. Anantapur district without considering the representation dated 14.08.2018 made to the respondent No.3 as illegal arbitrary and violated of principle of natural justice and Article 4, 21 and 300-A of Constitution of India 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 stay the process and register of the document by the 2nd and 3rd respondents in respect of an extent of Ac.3.25 cents out of Ac.6.75 cents in Survey No.50- 1, P.No.30 situated at S.Kothapalli Village polam, Somandepalli Mandal, 3 VS,J W.P.No.33890 of 2018 Anantapur district by considering petitioners representation dated 14.08.2018 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 may be pleased to grant leave to the Respondent No.3 to file counter affidavit in WP No.33890 of 2018 and pass Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 4 VS,J W.P.No.33890 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the official respondents in going to process the document submitted by the respondents No.4-8 for registration in respect of petitioners property in an extent, of Ac.3.25 cents out of Ac.6.75 cents in Survey No.50- 1, P.No.30 situated at S.Kothapalli Village polam, Somandepalli Mandal. Anantapur district without considering the representation dated 14.08.2018 made to the respondent No.3 as illegal arbitrary and violated of principle of natural justice and Article 4, 21 and 300-A of Constitution of India and pass” 2. The petitioner claims to be the absolute owner of land admeasuring Acs.3.25 cents out of Acs.6.75 cents in Sy.No.50-1, P.No.30 situated at S. Kothapalli village, Somandepalli mandal, Anantapur district. Originally, the subject land was purchased by the petitioner’s father under registered sale deed bearing document No.281 of 1952, dated 17.05.1952 and ever since, the petitioner and his ancestors are in peaceful enjoyment of the subject property. 3. While the matter stood thus, the petitioner filed O.S.No.5 of 2017 on the file of the Court of the Junior Civil Judge, Penukonda, Anantapur district seeking permanent injunction against the respondent Nos.4 to 8. Pending the said suit, when the respondent Nos.4 to 8 were 5 VS,J W.P.No.33890 of 2018 trying to create collusive documents to sell the subject property to some third parties without having any right over the same, the petitioner submitted a representation dated 14.08.2018 to the 3rd respondent informing about the pendency of civil suit against respondent Nos.4 to 8. Aggrieved by the action of respondent Nos.2 and 3 in not considering the representation submitted by the petitioner, the present writ petition is filed. 4. The 3rd respondent filed a detailed counter affidavit admitting the facts with regard to filing of O.S.No.5 of 2017, but, however, it is stated that as no injunction orders were furnished by the petitioner herein along with his representation, the respondents have proceeded with the registration of the documents presented by respondent Nos.4 to 8 bearing document Nos.6080 of 2021, 6081/2021 dated 26.05.2021 and document bearing Nos.6340/2021 and 6341/2021 dated 04.06.2021 on the file of Sub-Registrar Office, Ananthapur. In the absence of any injunction order from the competent Civil Court, the Sub-Registrar cannot refuse to register a document presented before him. Hence, requested to dismiss the writ petition. 5. Heard Sri. K. Raj Kumar, learned counsel representing Sri. P. Narahari Babu, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 6 VS,J W.P.No.33890 of 2018 6. Perused the entire material available on record. The facts of the writ petition are not in dispute. Admittedly, when a document is presented for Registration, the Sub-Registrar is not empowered to go into the title dispute, except to the extent of verifying the genuineness of the persons who are parties to the document that has been presented for registration, has no other option except to receive and register the same. Merely because the petitioner submitted a representation to the 3rd respondent bringing to his notice regarding pendency of the suit filed by the petitioner against respondent Nos.4 to 8, the 3rd respondent need not refuse to register the documents presented by the respondent Nos.4 to 8 in the absence of any order from the competent civil Court. 7. In view of the same, this Court finds no merits in the present writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 08.07.2026 Gss Whether the order is : Speaking Yes Reportable No