Charamcherla Ramakotaiah vs The State Of Andhra Pradesh,
2021 Latest Caselaw 5082 AP

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    HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

             WRIT PETITION No.27310 of 2021

ORDER :

After hearing the learned counsel for the petitioner

and the learned Government Pleader for Stamps and

Registration, this Court finds once again Draft Memo,

dated 01.12.2011 bearing No.G2/19134/2011 is the

subject matter of the writ petition. The injunction order

granted by the High Court of Madras basing on a letter of a

party to the Inspector General of Stamps is the subject

matter. In more than one decision, the applicability of the

said order and its effect were considered. The Division

Bench Judgment and the learned Single Judges also held

that this order is not binding and directed the District

Registrar to register the sale-deeds. Despite the series of

orders passed, once again the said memo is pressed into

service and the petitioner's document is not being

registered. In the orders passed earlier, a specific direction

was given to the 2nd respondent to take note of the orders of

this Court and to circulate it to all the Registrars in

Prakasam District to ensure that sale-deeds which are

otherwise valid and in accordance with law shall not be

rejected on the ground of the memo. Despite the said

orders, it appears that the Registrars are still relying on the

memo dated 01.12.2011 to stop the registration. This Court

is of the opinion that the memo dated 01.12.2011 cannot

form the basis for rejecting the registration.

Hence, there shall be a direction as prayed for

directing the 4th respondent to receive and process the

document for registration that will be presented by the

petitioner. If the same is otherwise in accordance with law

and the petitioner complies with the provisions of the

Registration Act and Stamp Act, the same shall be

processed. The Government Pleader is also directed to

circulate the same order to ensure that the memo dated

01.12.2021 is not the basis for any future rejections.

With the above observation, the writ petition is

allowed. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending

in this case shall stand closed.

______________________________ D.V.S.S.SOMAYAJULU,J Date : 08.12.2021

Note:

Issue C.C. by 10.12.2021 B/o GR