Pathakottu Narasa Reddy, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4877 AP

                 THE HON'BLE SRI JUSTICE A.V.SESHA SAI

                       WRIT PETITION No.27834 OF 2021

ORDER:

When the matter is taken up, it is brought to the notice of

this Court by the learned counsel for the petitioner so also the

learned Government Pleader for Registration and Stamps that the

issue in the present Writ Petition is squarely covered by the orders

of this Court passed in Writ Petition No.25137 of 2021 dated

01.11.2021. A copy of the said order is filed along with the Writ

Petition as material paper. The operative portion of the said order

reads as follows:

"3. The order under challenge is not passed under Section 71 of the Registration Act, 1908 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 the 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, dated 01.04.2016 and W.P.No.34689 of 2012, dated 12.12.2012. Hence, the impugned proceedings is hereby set aside while directing the 3rd 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.

2005 (2) ALD 807

1999 (4) ALT 556

4. 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."

Following the above said order and for the reasons recorded

therein, this Writ Petition is also disposed of in terms thereof,

setting aside the impugned proceedings, while directing respondent

No.3 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.

As a sequel, interlocutory applications pending, if any, in this

Writ Petition shall stand closed. There shall be no order as to costs

of the Writ Petition.

___________________ A.V.SESHA SAI, J Date: 29.11.2021 siva

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

WRIT PETITION No.27834 OF 2021

Date: 29.11.2021

siva