Andhra Pradesh High Court - Amravati
Katuri Sreelatha, vs The State Of Andhra Pradesh, on 2 August, 2022
Bench: D Ramesh
THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.23182 of 2022
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following reliefs:-
"....issue a Writ of Mandamus or any other appropriate
Writ, Order or orders, direction to declare the
proceedings of the 2nd respondent in Draft Memo
No.G2/19134/2011, dated 01.12.2011, as illegal,
without jurisdiction and unconstitutional and to issue
consequential direction to the 4th respondent to receive
and register the document that may be presented by
the petitioner for registration in respect of the subject
property, without reference to the memo of the 2nd
respondent..."
2. Heard learned counsel for petitioner and learned Assistant
Government Pleader for Stamps and Registration.
3. Learned counsel for petitioner straight away takes this Court
through the order, dated 30.01.2020, passed by this Court in
W.P.No.1981 of 2020 as the facts and circumstances of this case
are similar to that of this case.
4. Learned Government Pleader does not refute the submission
that the said order covers the matter before this Court in this writ
petition.
5. Relevant paragraphs of the order passed in W.P.No.1981 of
2020 are extracted hereunder:
"The main ground urged by this petitioner is
that when the document is presented for
registration, rejection of the same based on the
draft Memo No.G2/19134/2011, dated
01.12.2011 with District Registrar, Ongole vide
Endorsement No.G1/1382/2011, dated
09.12.2011. The memo was issued in view of the
injunction orders passed by the High Court of
Madras. The Madras High Court directed based
on a letter from Rev.B.M.Sudheer to the
Inspector General of Stamps and Registration,
State of Andhra Pradesh, Hyderabad not to
register any deeds of conveyance by any of the
parties to any of the parties in respect of the
properties covered under the scheme. But, the
order was not communicated to Registrar except
the letter of Rev.B.M.Sudheer to the District
Registrar, who in turn issued such direction.
According to the order under challenge
under Section 71 of the Registration Act, refusal
to register a document on the memo issued by
Tahsildar or any other officer is illegal in view of
the judgments of the Division Bench in
P.Narasimha Reddy v. Sub-Registrar,
Shameerpeta Mandal, Ranga Reddy District1
and S.Nagi Reddy v. Joint Registrar,
Tirupati2. Therefore, the order impugned in this
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, W.P.No.34689 of 2012, dated
12.12.2012. Hence, the impugned proceedings
are hereby set aside while directing the 4th
respondent to receive and register, if it is not
prohibited by any order or law, the document by
following the principles laid down in the
judgments referred supra."
6. Following the said order, this Writ Petition is disposed of in
terms thereof, directing the 4th respondent to receive and register
the document presented by the petitioner for registration in
respect of House site for an extent of 0.04 cents, Plot No.42 in
Sy.No.190/2 situated in Viswanadhapuram, Podili Mandal,
Prakasam District.
7. 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 D.RAMESH
Date: 02.8.2022
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2005(2) ALT 807
1999 (4) ALT 556
THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION No.23182 of 2022
Dated 02.8.2022
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