Andhra Pradesh High Court - Amravati
Sunkara Bulli Babu vs State Of Andhra Pradesh on 14 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.20153 OF 2021
ORDER:
This writ 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, declaring the action of 4th
respondent in not receiving and processing the sale deed
document dated 25.02.2020 executed by the petitioner's vendor
namely Sri Purre Suryanarayana, S/o.late China Appanna in
favour of the petitioner in respect of the property land of an
extent of Ac.1.21 cents in Sy.No.146 and 147 situated at
Pulaparthi Village, Yellamanchili Mandal, Visakhapatnam
District without assailing any reasons is illegal, arbitrary and
unconstitutional and contrary to the settled law in catena
judgments of this Honble Court under Stamps and Registration
Act and consequently direct the 4th respondent to receive and
register the sale deed document dated 25.02.2020 executed by
petitioner's vendor Sri Purre Suryanarayana, S/o.late China
Appanna in favour of petitioner in respect of the property land of
an extent of Ac.1.21 cents in Sy.No.146 and 147 situated at
Pulaparthi Village, Yellamanchili Mandal Visakhapatnam District
and pass such other order..."
It is the case of petitioner that he has purchased the land of an
extent of Ac.1.21 cents in Sy.Nos.146 and 147 situated at Pulaparthi
Village, Yellamanchili Mandal, Visakhapatnam District for a valuable
sale consideration of Rs.18,16,500/- from his vendor and original
owner namely Sri Purre Suryanarayana, who is aged about 75 years.
Petitioner's vendor being old aged person he is unable to attend
before Sub-Registrar for registration, his vendor has executed a
Special Power Attorney in favour of one Regulagadda Laxmana Rao,
to execute/register the sale deed/document on behalf his vendor and
it was registered in the office of Joint Sub-Registrar, Pedagantyada,
Visakhapatnam vide registered S.P.A.Doc.No.24/2020, dated
27.02.2020.
Petitioner has got prepared sale deed/document on Rs.100/-
Non Judicial Stamp Paper on 25.02.2020 and the same day the
Special Power of Attorney also prepared and his vendor has signed
on the above two documents and the SPA was registered on
27.02.2020 at Joint Sub-Registrar, Pedagantyada, Visakhapatnam.
Surprisingly, the 4th respondent has not entertained and
refused to receive the sale deed/document for registration simply
stating that the document is prepared one year back, even though
the petitioner is ready to pay the stamp duty as on that day
valuation and the action of the 4th respondent is illegal and arbitrary.
Hence, the present writ petition.
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court, without touching the merits of the case, to
issue a direction to the respondents to receive and register the
document presented by the petitioner.
Learned Government Pleader for Stamps and Registration
readily agreed to receive and process the document presented by the
petitioner, in accordance with law.
In view of the concession given by the learned Government
Pleader for Stamps and Registration, 4th respondent/Joint Sub-
Registrar is directed to receive and process the document submitted
by the petitioner, in accordance with law. If the document cannot be
registered, the 4th respondent/Joint Sub-Registrar may pass
appropriate order as mandated under Section 71 of the Registration
Act, so as to enable the petitioner to approach appellate authority
under Section 72 of the Registration Act.
With the above direction, the Writ Petition is disposed of.
No costs.
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
__________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 14.09.2021
VSL
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.20153 OF 2021
Date: 14.09.2021
VSL
