Andhra Pradesh High Court - Amravati
G.Subbarayudu, vs The State Of Andhra Pradesh on 22 February, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.2816 OF 2021
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
"To issue writ of mandamus directing the respondents to
allow the petitioner to function as Joint Sub-Registrar
Muddanur by setting aside the proceedings No.X/63/2021
of the Deputy Inspector General of Registration and Stamps
dated 21.1.2021 as illegal and arbitrary"
The petitioner is appointed as Junior Assistant in 1989 in
the Stamps and Registration Department and promoted twice to
next higher post. Now, he is working as Joint Sub-Registrar at
Maddanur.
As per the present policy of the Stamps and Registration
Department, any property situated at any place in the state can be
registered in any Sub-Registrar Office in the State. The only
precaution prescribed in the case of registration of the property
which is situated outside the jurisdiction of the entertaining sub-
registrar is that, the entertaining sub-registrar has to get the
approval of the concerned/relevant sub-registrar in whose
jurisdiction the said property is situated. For registration of the
properties which lies within the jurisdiction of the concern sub-
registrar, the concerned sub-registrar has to verify pattadar
passbook/adangal/extract of I-B Register.
It is submitted that the petitioner took all the precautions
before registering the documents and he has not violated any of
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WP.No.2816 of 2021
the norms prescribed by the government/concerned authority and
that the order of suspension is illegal and arbitrary and requested
to set-aside the proceedings issued by the third respondent vide
proceedings No.X/63/2021 dated 21.01.2021.
During hearing, Sri G. Ramachandra Reddy, learned counsel
for the petitioner reiterated the contentions urged in the affidavit,
while drawing attention of this Court to violation of instructions
issued by C&IG(R&S), A.P, Vijayawada vide Circular Memo
No.G1/1249/2012 dated 25.06.2016 and requested to allow the
writ petition by setting aside the impugned proceedings.
Learned Government Pleader for Services-I supported the
order passed by the third respondent in all respects, while
contending that the scope of interference with the suspension
order by this Court is limited and relied on the judgment of
Division Bench of High Court of Judicature at Hyderabad for the
State of Telangana and State of Andhra Pradesh in Buddana
Venkata Murali Krishna v. State of Andhra Pradesh1, wherein,
the Division Bench considered the issue of scope of interference
with the order of suspension and discussed in detail. Finally
concluded that the quashment of suspension order varies from
case to case and it depends upon the gravity and seriousness of
the case.
As seen from the allegations made in the petition, the
petitioner was placed under suspension for non-compliance/
violation of instructions issued by C&IG(R&S), A.P, Vijayawada
vide Circular Memo No.G1/1249/2012 dated 25.06.2016 i.e.
2016 (3) ALT 727
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WP.No.2816 of 2021
failure to obtain the approval from the jurisdictional sub-registrar
where the property is situated. The petitioner contended that, he
complied with the direction in the memo referred above. But, this
Court cannot decide such a disputed question of fact, since the
interference of this Court in the orders of suspension is limited, in
view of the law declared by the Division Bench in Buddana
Venkata Murali Krishna v. State of Andhra Pradesh (referred
supra). However, it is left open to this petitioner to make a
representation for reinstatement, cancelling the suspension,
annexing Circular Memo No.G1/1249/2012 dated 25.06.2016 and
other relevant documents to substantiate the plea of compliance.
On making such representation, the respondents are directed to
pass appropriate order(s) in accordance with, within two weeks
thereafter.
With the above direction, writ petition is disposed of. No
costs.
Consequently, miscellaneous applications pending if any,
shall also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date:22.02.2021
SP
