Mule Mahender Durga Reddy vs The State Of Andhra Pradesh,
2021 Latest Caselaw 5403 AP

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

             WRIT PETITION No.29861 of 2021

ORDER:

Heard the learned counsel for the petitioner and the

learned Government Pleader for Revenue.

The issue involved in this Writ Petition is about the Draft

Memo bearing No.G2/19134/2011, dated 01.12.2011. This

Draft Memo is the subject matter of large number of decisions

of this Court passed by the learned single Judges and also a

Division Bench. Despite the large number of orders in which it

is clearly held that the Draft Memo will not come in the way of

the Registration authority to receive the documents, the

documents presented by the petitioner and others are being

rejected on the ground that the Draft Memo was issued by the

1st respondent-The Commissioner and Inspector General of

Registration and Stamps. This Court itself has passed an

order earlier in W.P.No.27310 of 2021, in which also a

direction was given to the learned Government Pleader,

appearing for the respondents, to circulate this order and the

earlier orders passed on the subject. Learned Government

Pleader has categorically assured this Court that the orders in

this matter are being circulated along with a written opinion.

In view of the undertaking given by the learned

Government Pleader this Court does not wish to state anything

further. It is hoped that the Registration Department would

consider the large number of judgments that are passed on the

very same Draft Memo, dated 01.12.2011, which is being

periodically relied upon by the department to reject the

registration of documents.

After hearing the learned Government Pleader this Court

is of the opinion that in view of the earlier orders passed on

the subject that the Writ Petition should be allowed. The

learned Government Pleader is also required to circulate to all

concerned copies of the orders passed on this Memo.

Accordingly, the Writ Petition is allowed directing the 3rd

respondent-Joint Sub-Registrar, Kanigiri, Prakasam District,

to receive and process the document for registration that will

be presented by the petitioner, if the same is otherwise in

order and in compliance with the provisions of the Stamp Act

and also the Registration Act. There shall be no order as to

costs.

Consequently, the Miscellaneous Applications pending, if

any, pending shall stand closed.

_________________________________ JUSTICE D.V.S.S.SOMAYAJULU Date:21.12.2021.

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