A. Santha Dhana Lakshmi Santha Lakshmi, vs The State Of Andhra Pradesh, on 18 July, 2025

0
3


Andhra Pradesh High Court – Amravati

A. Santha Dhana Lakshmi Santha Lakshmi, vs The State Of Andhra Pradesh, on 18 July, 2025

Page 1 of 5                                                                     SRS,J
                                                                  W.P.No.16216 of 2025




 APHC010321102025
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                          [3331]
                            (Special Original Jurisdiction)

                    FRIDAY,THE EIGHTEENTH DAY OF JULY
                      TWO THOUSAND AND TWENTY FIVE

                                  PRESENT

              THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                       WRIT PETITION NO: 16216/2025

Between:

    1. A. SANTHA DHANA LAKSHMI @ SANTHA LAKSHMI,, W/O. A.
       MUREGESH NAIDU, AGED ABOUT 71 YEARS HOUSE WIFE,
       R/O.D.NO. 1-79, RAJA VEEDHI, YADHAMARRI, CHITTOOR
       DISTRICT.

                                                               ...PETITIONER

                                     AND

    1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
       SECRETARY,    REVENUE    DEPARTMENT,   SECRETARIAT
       BUILDINGS, VELAGAPUDI, AMARAVATHI.

    2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT.

    3. THE DISTRICT REGISTRAR, CHITTOOR, CHITTOOR DISTRICT.

    4. THE REVENUE DIVISIONAL OFFICER, CHITTOOR DISTRICT.

    5. THE TAHSILDAR, YADHAMARRI MANDAL CHITTOOR DISTRICT.

    6. THE SUBREGISTRAR,          YADHAMARRI        MANDAL         CHITTOOR
       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 tomay be pleased to issue an appropriate Writ, Order or Direction,
 Page 2 of 5                                                                       SRS,J
                                                                    W.P.No.16216 of 2025




more particuiariy one in the nature of Writ of Mandamus, declaring the action
of the 6th respondent in not receiving the documents presented by the
petitioner for registration in respect of the iand to an extent of 503.98 Sq.
yards out of Ac. 29.03 cents in S.No. 146-1 of 128 Kuppam Village Account,
Kuppam Municipality, Kuppam Mandai, Chittoor District is illegal, improper,
unjust, arbitrary and violation of Article 14, 21 and300A of the Constitution of
India and also violation of Article 22A of Registration Act and consequentiy
direct the 6th respondent to receive the documents presented by the
petitioner and process for registration in respect of the above lands 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 direct the 6*^ respondent to receive the documents
presented by the petitioner and process for registration in respect of the the
land to an extent of 503.98 Sq. yards out of Ac. 29.03 cents in S.No. 146-1 of
128 Kuppam Village Account, Kuppam Municipality, Kuppam Mandal,
Chittoor District pending disposal of the writ petition and pass

Counsel for the Petitioner:

     1. MAHADEVA KANTHRIGALA

Counsel for the Respondent(S):

     1. GP FOR REVENUE

     2. GP FOR REGISTRATION AND STAMPS

The Court made the following:

                                   :: ORDER :

:

Heard Sri Mahadeva Kanthrigala, learned counsel for the petitioner and
Sri Divya Teja, learned Assistant Government Pleader for Stamps and
Registration for respondents 1 to 6.

2. The grievance of the petitioner is that respondent No.6 is not receiving
and processing the documents presented for registration, in respect of land of
an extent of 503.98 square yards out of Ac.29-03 cents in survey No.146/1, of
Page 3 of 5 SRS,J
W.P.No.16216 of 2025

128 Kumppam Village Account, Kuppam Municipality, Kuppam Mandal,
Chittoor District.

3. Learned counsel for the petitioner would submit that the petitioner is
absolute owner of land admeasuring 503.98 square yards out of Ac.29.03
cents in survey No.146-1 of 128 Kuppam Village Account, Kuppam
Municipality and Mandal. The petitioner executed GPA, dated 06.03.2025 in
favour of his son A. Venkata Raman and two sale deeds, dated 06.03.2025 in
favour of N.M. Vishnu Chaithanya and P. Venkata Ramana in respect of land
admeasuring 133.77 square yards and 236.88 square yards respectively. He
would further submit that when the documents were presented for registration,
respondent No.6 refused to receive and process the documents.

4. Learned Assistant Government Pleader would submit that if the
petitioner presents the documents, by paying necessary fee under the Indian
Stamp Act, 1899
and the Registration Act, 1908, the same will be processed
by respondent No.6.

5. It is not out of place to mention that whenever a document is presented
before the registering authority, the authority is bound to receive and process
it, unless a restraint order is passed by a competent Court or the property is
included in the list of prohibited properties under Section 22A of the
Registration Act. In case of any impediment to register a document, the
registering authority shall pass a speaking order under Section 71 of the
Registration Act.

6. Given the above facts and circumstances of the case, this writ petition is
disposed of at the admission stage with the consent of learned counsel on
either side, directing respondent No.6 to receive and process the GPA, dated
06.03.2025 executed by the petitioner and the documents dated 06.03.2025 in
respect of land admeasuring 133.77 square yards and 236.88 square yards in
survey No.146/1, of 128 Kumppam Village Account, Kuppam Municipality,
Page 4 of 5 SRS,J
W.P.No.16216 of 2025

Kuppam Mandal, Chittoor District, strictly as per the law, subject to the
petitioner’s fulfilling the provisions of the Indian Stamp Act and the
Registration Act. No costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________
JUSTICE SUBBA REDDY SATTI
Date : 18.07.2025
IKN
Page 5 of 5 SRS,J
W.P.No.16216 of 2025

359

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 16216 of 2025

Date : 18.07.2025
IKN



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here