Andhra Pradesh High Court - Amravati
Balumuri Venkati Sobhana ... vs The State Of Andhra Pradesh on 5 February, 2021
Bench: M.Ganga Rao
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(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE:. ; :
(SPECIAL ORIGINAL JURISDICTION) Sy
FRIDAY, THE FIFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION NO: 2793 OF 2021
Between:
Balumuri Venkati Sobhana Chalapathi Rao, S/o. Subba Rao, Aged 51 years,
Occ: Service, R/o. Flat No. 204, Jayalakshmi Apartments, Near Gas Company,
Gannavaram Village and Mandal, Krishna District.
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government,
Revenue Stamps & Registration Department, Secretariat, Velagapudi,
Amaravati, Guntur District.
2. The District Registrar, Krishna District at Vijayawada.
3. The Sub Registrar, Vissannapeta, Krishna District.
...Respondents
WHEREAS the Petitioner above named through his Advocate Sri Sita Ram
Chaparla presented this 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 issue a writ, order or direction more endorsement in Letter.C.No.Nill /2020,
dated 21.01.2021 issued by 3 respondent and not recording null and void nature of gift
cancellation document No. 1511/2003 dated 22.12.2003 connected to petitioner's land
of Ac 4.03 Cents respondent and not recording null and void nature of gift cancellation
document No covered by Sy. No 334-2B1A of A. Konduru Revenue Village & Mandal in
Krishna District, in all relevant registers, inspite of decree and Judgment dated
30.12.2008 in 0.S.No0.290/2005 on the file of Court of Learned Junior Civil Judge,
Tiruvuru and also judgment of Honble Supreme Court of India in Thota Ganaga
Lakshmi Vs Govt. of A.P. in (2010) 15 Supreme Court cases 207, as illegal, irreguiar,
irrational,amounts to non discharge of legal obligation conferred on them under tne
provisions of The Registration Act, 1908 and offends Articles 14, 21 and 300-A of
Constitution of India and consequently direct the respondents to record null and void
nature of such document in all relevant registers being maintained by respondents and
also Encumbrance Certification register for petitioners said property.
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Sita Ram Chaparla, Advocate for the
Petitioner and of GP for Registration & Stamps, directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION should not be
admitted.
You viz:
1. The Principal Secretary to Government, Revenue Stamps & Registration
Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati,
Guntur District.
2. The District Registrar, Krishna District at Vijayawada.
3. The Sub Registrar, Vissannapeta, Krishna District.
Are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before
19.02.2021, on which date the case stands posted for hearing.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to suspend
the operation of endorsement in Letter.C.No.Nill /2020, dated 21.01.2021 issued by 3
respondent and also gift cancellation document No. 1511/2003 dated. 22.12.2003 on
the file of 3 respondent, by directing the respondents to record null and void nature of
said gift cancellation document in all relevant registers being maintained by respondents
and also Encumbrance Certification register for petitioner's land of Ac. 4.03 cents in
Survey Number 334-2B1A of A.Konduru Revenue Village and Mandal in Krishna
District, pending disposal of WP No.2793 of 2021, on the file of the High Court.
The Court made the following:
ORDER:
"Notice before admission.
Learned Assistant Government Pleader for Registration and Stamps appearing
for respondents takes notice, waives further notice and seeks time to get
instructions.
A perusal of the impugned order dated 21.01.2021 reveals that the order is
contrary to the standing order under provisions of Rule 219 and 902 of Registration
Manual, which mandates, the Registration Authorities to record the decrees passed
by the competent civil court. Hence, advising the petitioner to seek appropriate
orders from the Court to the Sub Registrar, Vissannapeta, Krishna District to enter
the details of Court order in Index particulars to the said document to the effect that
the document is null and void, is illegal, contrary to the Rules.
Considering the submission of the learned counsel, on perusal of the record,
this Court satisfied that the petitioner has shown sufficient cause for grant of interim
direction.
Accordingly, there shall be interim direction as prayed for.
Post on 19.02.2021." °
Sd/-T.Madhavi
ASSISTANT REGISTRAR
I{TRUE COPY// Psa.
For SECTION OFFICER
To,
1. The Principal Secretary to Government, Revenue Stamps & Registration
Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati,
Guntur District.
The District Registrar, Krishna District at Vijayawada.
The Sub Registrar, Vissannapeta, Krishna District.(1 to 3 by RPAD- along with a
copy of petition and Affidavit)
One CC to Sri. Sita Ram Chaparla, Advocate [OPUC]
Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT]
One spare copy.
WN
Dons
HIGH COURT
MGR,J
DATED:05/02/2021
ORDER
POST ON 19.02.2021
NOTICE BEFORE ADMISSION
WP.No.2793 of 2021
INTERIM DIRECTION
42 FEB e021
