Andhra Pradesh High Court - Amravati
P Sakamma vs State Of Ap on 4 March, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.5240 of 2021
ORDER
This writ petition is filed, under Article 226 of the Constitution of India,
seeking the following relief/s:
"...to issue a Writ, one in the nature of a Writ of Mandamus or any other
appropriate Writ, Director or Order declaring the action of the 4th and 5th
respondents in decline to receive and accept the Gift deed presented by the
petitioner in respect of an extent of Ac.5.00 cents in Survey No.237-1A of
Chandragiri polam, Duddebanda Village, Penukonda Mandal, Anantapur
District as illegal, arbitrary and A.P Assigned lands (Prohibition of Transfer)
Act 1977 and further contrary to judgment reported in 2013(3) ALT at page
116 and judgment reported in 2020(2) ALD at page 20 AP and consequently
direct the 4th and 5th respondents to receive, admit the gift deed in respect
of above said land for registration and release the same and pass such other
order or orders.."
At the hearing, learned counsel for the petitioner submits that the issue
involved in this writ petition is squarely covered by the decision of this Court in
Kante Jagan Mohan v. The State of A.P & Ors [2020(2) ALD page 20].
Learned Assistant Government Pleader having acceded that the issue
involved in this writ petition is covered by the decision of this Court in Kante
Jagan Mohan's case further submits that the subject document would be
received and processed for registration, if there is no prohibition for
registration of the same.
In Kante Jagan Mohan case, this Court, having referred to the decision
of the then High Court of A.P in Chandrammagari Tippeswamy and another v.
District Registrar, Stamps and Registration Department and another [2012(0)
SCJ Online (AP) 1679], held that there can be no demur that the respondents
have to receive the settlement deed and register the same. In
Chandrammagari Tippeswamy's case, this Court directed the Principal
Secretary (Revenue), Stamps & Registration Department of Andhra Pradesh, to
issue Circular to all the Sub-Registrars of the State to accept the gift deeds
relating to the assignment lands among the family members to avoid
unnecessary litigation.
In view of the earlier orders of this Court in Chandrammagari
Tippeswamy and Kante Jagan Mohan, the Writ Petition is disposed of directing
the respondents 4 & 5 to receive the gift deed dated 04.12.2019, presented by
the petitioner and process the said document for registration, if it is otherwise
in order as per the provisions of the Act and the Rules made thereunder and
release the same as per law. There shall be no order as to costs.
As a sequel, pending miscellaneous applications, if any, shall stand
closed.
_______________
M.GANGA RAO, J
04.03.2021
Vjl
