Uppalapati Venkata ... vs The State Of Andhra Pradesh
2021 Latest Caselaw 4598 AP

      IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                         &
        HON'BLE MR. JUSTICE M.SATYANARAYANA MURTHY

                      WRIT APPEAL No. 608 of 2021
                         (Proceedings through physical mode)

Uppalapati Venkata Suryanarayana Raju
S/o. Uppalapati Lakshmipathi Raju,
Aged 60 years, Occ: Cultivation,
R/at 5-16 Thimmapuram S Rayavaram Mandal,
Visakhapatnam District presently at Amaravathi.                .. Appellant

        Versus

The State of Andhra Pradesh
Rep.by its Principal Secretary,
(Stamps and Registration Department)
A.P. Secretariat, Velagapudi, Amaravati
and others.                                                    .. Respondents

Counsel for the Appellant : Mr. R. Siva Sai Swarup

Counsel for respondents No.1 to 4 : Government Pleader for Registration and Stamps

Counsel for respondent No.5 : Mr. G.L. Nageswara Rao

ORAL JUDGMENT Dt: 12.11.2021 (per Prashant Kumar Mishra, CJ)

The present writ appeal came to be filed challenging the order

dated 23.03.2021 passed by the learned single Judge in W.P. No.6795 of

2021.

2. On an earlier occasion, the appellant/writ petitioner preferred

W.P. No.17493 of 2020 against the refusal of the respondents No.3 and

4/District Registrar and Sub-Registrar to receive and register the

document presented by the appellant/writ petitioner in respect of the

property in Survey No.238/3, 238/4 of Veeravaram village of Tuni

Mandal, East Godavri District, even though, according to the petitioner,

the said property is not in prohibited property list. Learned single Judge

disposed of the said writ petition with a direction to the respondent

No.4/Sub-Registrar therein to receive and process the documents

received from the appellant/writ petitioner and pass appropriate orders

strictly in accordance with law, within a period of six weeks. Thereafter,

respondent No.4/Sub-Registrar passed an order on 11.12.2020, filed as

Ex.P-3 to the material papers, recording the reasons for refusal to

register the property. Challenging the said order, a fresh writ petition

bearing No.W.P. 6795 of 2021 was filed, which has now been closed

observing that the appellant/writ petitioner has remedy of taking up

contempt proceedings.

3. While not disagreeing with the order passed by the learned single

Judge, we feel that the present writ appeal is not maintainable for an

additional reason because the appellant/writ petitioner has an

alternative remedy of preferring an appeal under Section 72 of the

Registration Act, 1908, which makes provision for an appeal to Registrar

from orders of Sub-Registrar, refusing registration on ground other than

denial of execution. Thus, the appellant/writ petitioner has an effective

statutory remedy in the form of an appeal under Section 72 of the

Registration Act, 1908. Therefore, the writ appeal is not maintainable for

this reason also.

4. Accordingly, the writ appeal stands dismissed, giving liberty in

favour of the appellant/writ petitioner to prefer an appeal under Section

72 of the Registration Act, 1908 and if such an appeal is filed within the

period of limitation, which shall be reckoned from today, the same shall

be entertained on its own merits. No costs. Pending miscellaneous

application, if any, shall stand closed.

PRASHANT KUMAR MISHRA, CJ M.SATYANARAYANA MURTHY, J

GM

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE M.SATYANARAYANA MURTHY

WRIT APPEAL No. 608 of 2021 (per Prashant Kumar Mishra, CJ)

Dt: 12.11.2021

GM