The Subregistrar, vs K.Ventaramanaiah
2022 Latest Caselaw 9574 AP

       IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

    HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                        &
                  HON'BLE MR. JUSTICE NINALA JAYASURYA

                           WRIT APPEAL No.30 of 2008
                              (Through physical mode)


The Sub-Registrar, Srikalahastri,
Chittoor District, and another.
                                                           .. Appellants
       Versus

K. Venkataramanaiah S/o. Venkatasubbaiah,
Aged 45 years, Occ: Agriculture,
R/o. Venkatagiri Village & Mandal,
Nellore District, and another.
                                                           .. Respondents

ORAL JUDGMENT Dt: 13.12.2022 (per Prashant Kumar Mishra, CJ)

This writ appeal is directed against the order dated 28.09.2007 passed

by the learned single Judge in W.P.No.20108 of 2007. The said writ petition

was preferred by respondent No.1 herein and the appellants herein are

respondent Nos.1 and 2 therein. The operative portion of the order under

challenge reads thus:

"In view of the ratio laid down by this court in Writ Petition Nos.14743 and 14750 of 2007, I dispose of the writ petition directing the respondents to accept the documents proposed to be submitted by the petitioner for sale of the land to an extent of Ac.4.50 cents covered by Survey Nos.3-2A, 3-2D, 3-3A, 3-2B, situated at Chintalapalem village, Yerpedu Mandal, Chittoor District

and consider for registration without any objection that the said land is an assigned land. However, such consideration and registration shall be subject to compliance of the provisions of the Indian Stamp Act and Registration Act."

2. It is to be noted that against the order passed in W.P.No.14750 of

2007, which has been followed by the learned single Judge in passing the

order under challenge, the authorities have preferred a writ appeal, being

W.A.No.950 of 2007, and the said writ appeal was dismissed by a Division

Bench of the erstwhile High Court of Andhra Pradesh, vide judgment dated

30.12.2008 (reported in 2009 (3) ALT 85).

3. In view of the above, this writ appeal is also liable to be dismissed for

the reasons recorded in the judgment dated 30.12.2008 in W.A.No.950 of

2007 (reported in 2009 (3) ALT 85), and is, accordingly, dismissed.

4. As a sequel, interim order passed in this appeal stands vacated.

Pending miscellaneous applications, if any, shall stand closed. No costs.

5. Let a copy of the judgment dated 30.12.2008 in W.A.No.950 of 2007

(reported in 2009 (3) ALT 85) be annexed while communicating this order

and be made part of the record of this appeal.

PRASHANT KUMAR MISHRA, CJ NINALA JAYASURYA, J IBL

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA

WRIT APPEAL No.30 of 2008

(per Prashant Kumar Mishra, CJ)

Dt: 13.12.2022

IBL