Andhra Pradesh High Court - Amravati
Thathireddy Sandhyarani vs The State Of Andhra Pradesh, on 21 January, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITON NO.1497 of 2021
ORDER:
This petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more
particularly one in the nature of Writ of mandamus,
questioning the action of the 4th respondent in
refusing to register the document of sale dated
26.12.2020, executed by Parvatham Deepthi,
Parvatham Kamal Karishma and Parvatham Bala
Kowshik Reddy in favour of the petitioner, presented
for registration, the same was kept pending vide
document P.No.271/2020, 26.12.2020 and the action
of the 3rd respondent in upholding the above said
refusal of registration by the 4th respondent in Appeal
No.2 of 2020, dated 11.01.2021 as contrary, illegal,
arbitrary and violation of Article 14 and 300(A) of the
Constitution of India and consequently direct the 4th
respondent to register the document vide
P.No.271/2020, dated 26.12.2020 and release the
same to the petitioner in respect of an extent of
Ac.191.99 sq.yards., situated in Sy.No.471/2 and 472,
of Ward No.8 of Kanigiri Nagara Panchayat, Prakasam
District."
The main ground urged by this petitioner is that when the
document is presented for registration, rejection of the same based
on the Draft Memo No.G2/19132/2011, dt.01-11-2011 with
District Registrar, Markapuram, Prakasam District, vide
Endorsement No.G1/1382/2011, dt.09-12-2011, is illegal. A copy
of the memo is placed on record by the learned counsel for
petitioner.
The order under challenge is not passed under Section 71 of
the Registration Act, refusal to register a document on the memo
issued by Tahsildar or any other officer is illegal in view of the two
Division Bench judgments in P.Narasimha Reddy v. Sub-
Registrar, Shameerpeta Mandal, Ranga Reddy District1 and
S.Nagi Reddy v. Joint Sub-Registrar, Tirupati2. Therefore, the
order impugned in this Writ Petition is contrary to the law declared
by the Division Bench and also another judgment of Single Judge
in W.P.No.10721 of 2016, dt.01-04-2016, W.P.No.34689 of 2012,
dt.12-12-2012. Hence, the impugned proceedings are hereby set
aside while directing the 4th respondent to register the document
by following the principles laid down in the judgments referred
supra, if no prohibitory order is passed by any competent
authority/Court, in accordance with law.
With the above direction, this Writ Petition is disposed of,
without touching the merits in the title of the petitioner. There
shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, in
this Writ Petition, shall stand closed.
__________________________
JUSTICE M. GANGA RAO
Date: 21.01.2021
KLPD
2005 (2) ALT 807
1999 (4) ALT 556
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITON NO.1497 of 2021
Date: 21-01-2021
KLPD
