Citation : 2021 Latest Caselaw 275 AP
Judgement Date : 21 January, 2021
(SHOW CAUSE NOTICE BEFORE ADMISSION) oh IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA(S THURSDAY , THE TWENTY FIRST DAY OF JANUARY = #6: TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 1470 OF 2021 Between: Katakam Satyanarayna, S/o Late Venkatanarayana, ak eo @ Petitioner AND The State of Andhra Pradesh, , rep. by its Principal Secretary, Revenue (Regn.) Dept., Secretariat Buildings, Velagapudi village, Amaravati mandal, Guntur District. The Insepctor General of Stamps and Registration,, Govt. of Andhra Pradesh, at Vijayawada, Krishna District. The District Registrar,, Vijayawada, Office at D. No. 56-6-7A, Vasundhara Enclave, Maruthi Colony, Panta Kaluva Road, Patamata, Vijayawada-10. The Joint Sub Registrar -1,, RO (08) Vijayawada, Krishna District. Mr. Janga Srinivasa reddy, S/o. Satyanarayana Reddy, Aged 43 years, r/o. D.No. 2-31, Rajupalem village H/o. Venkatapuram, Yerrubalam Mandal, Khammam Dist. Smt. Potturu Saknthala Devi, W/o. P.S.R.Anjaneyulu, 48 years, rlo. D.No. 9-69-3, , Silpasramam Street, Kothapeta, Vijayawada-1. a Smt. Kota Ushasri, W/o. K.V.K.Kumar, 48 years, rio. D. No. 9-69-19B, Silpasramam Street, Kothapeta, Vijayawada-1. Respondents
WHEREAS the Petitioner above named through his Advocate Sri J. U. M.
V. Prasad 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 an appropriate writ order or direction more in the nature of writ of mandamus, declaring the Lr No.E1/1498/2019,dated 4-11-2020 of the 3rd respondent refusing to cancel the registered document bearing No.8445/2007 and the subsequent documents in pursuance there of even though the fraud played was confirmed by the respondents 6 and 7 in their statements before him,as well on the petitioner and in the light of the Judgment in OS.No.1323/2/015 dated 04-04-2016 of the learned lAddl. Junior Civil Judge, Vijayawada, even after proving that the said documents were obtained by playing fraud on the petitioner, as being illegal, arbitrary and is in negation of principles of natural justice and fair play apart from being in violation of Article 21 of the Constitution of india and Consequently set aside the same with a direction to cancel the aforesaid documents and to take necessary measures for launching prosecution against the erring persons in terma of sections 82 and 83 of Indian registration Act.
AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri J U M V PRASAD Advocate for the Petitioner and learned GP for Stamps & Registration for Respondent Nos.1 to 4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1,
4.
5. Mr. Janga Srinivasa Reddy, S/o. Satyanarayana Reddy, Aged 43 years, r/o.
The Principal Secretary, Revenue (Regn.) Dept., State of Andhra Pradesh Secretariat Buildings, Velagapudi village, Amaravati Mandal, Guntur District.
_ The Inspector General of Stamps and Registration,State of Andhra Pradesh, at
Vijayawada, Krishna District.
_ The District Registrar,, Vijayawada, Office at D. No. 56-6-7A, Vasundhara
Enclave, Maruthi Colony, Panta Kaluva Road, Patamata, Vijayawada-10. The Joint Sub Registrar -l, RO (08) Vijayawada, Krishna District.
D.No. 2-31, Rajupalem Village H/o. Venkatapuram, Yerrubalam Mandal, © Khammam District
Smt. Potturu Saknthala Devi, W/o. P.S.R. Anjaneyulu, R/o. D.No. 9-69-3, Silpasramam Street, Kothapeta, Vijayawada-1.
7. Smt. Kota Ushasri, W/o. K.V.K.Kumar, R/o. D. No. 9-69-19B, Silpasramam Street, Kothapeta, Vijayawada-1:
are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 25.02.2021 on which date the case stands posted for hearing
1A 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 pleased to direct the respondents more specifically the respondents 2 to 4 to take steps by initiating action Under Sections 82and 83 of Indian Registration by launching prosecution against the respondnets 5 to 7 basing on the statement of respondents 6 and 7 herein forthwith and report compliance to this Hon'ble Court, pending disposal of WP No. 1470 of 2021, on the file of the High Court.
The Court made the following: ORDER Notice before admission.
Learned counsel for the petitioner is permitted to take out personal notice on the respondents 5,6 and 7 by RPAD and file proof of service.
Learned Assistant Government Pleader for Registration and Stamps takes notice of the respondents 1 to 4 and waives further notice and seeks time to get instructions.
Post on 25.02.2021. - 6+ .
Sd/-M.Suryanadha Reddy
ASSISTANT REGISTRAR ITTRUE COPY!
SECTION OFFICER
f ee - -- or ES
To
4. The Principal Secretary, Revenue (Regn.) Dept., State of Andhra Pradesh Secretariat Buildings, Velagapudi village, Amaravati Mandal, Guntur District. The Inspector of General of Stamps and Registration,State of Andhra Pradesh, at Vijayawada, Krishna District.
The District Registrar,, Vijayawada, Office at D. No. 56-6-7A, Vasundhara Enclave, Maruthi Colony, Panta Kaluva Road, Patamata, Vijayawada-10. The Joint Sub Registrar -], RO (08) Vijayawada, Krishna District. Mr. Janga Srinivasa Reddy, S/o. Satyanarayana Reddy, Aged 43 years, r/o. D.No. 2-31, Rajupalem Village H/o. Venkatapuram, Yerrubalam Mandal, Khammam District Smt. Potturu Saknthala Devi, W/o. P.S.R. Anjaneyulu, R/o. D.No. 9-69-3, Silpasramam Street, Kothapeta, Vijayawada-1.
7. Smt. Kota Ushasri, W/o. K.V.K.Kumar, R/o. D. No. 9-69-19B, Silpasramam Street, Kothapeta, Vijayawada-1.
(1 to 7 by RPAD- along with a copy of petition and affidavit) 8 OneCCto SriJ UM V Prasad, Advocate [OPUC]
9. oun to GP for Registration and Stamps, High Court of Andhra Pradesh.
10. One spare copy
ak © N
o
TVR
HIGH COURT
MGRJ
DATED:21/01/2021
NOTICE BEFORE ADMISSION
WP.No.1470 of 2021
POST ON 25.02.2021
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