Perubiona Venkata Lakshmi vs The State Of Andhra Pradesh
2022 Latest Caselaw 7257 AP

Citation : 2022 Latest Caselaw 7257 AP
Judgement Date : 21 September, 2022

Andhra Pradesh High Court - Amravati

Perubiona Venkata Lakshmi vs The State Of Andhra Pradesh on 21 September, 2022

              THE HON'BLE SRI JUSTICE D.RAMESH

                 WRIT PETITION NO.30842 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 th consequential direction to the 4 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

registration in respect of House site Door No.11-

461(11),admeasuring an extent of 96.00 sq.yards in

Sy.No.190-2 situated at Podili Village and Mandal, Prakasam

District.

7. With the above direction, the Writ Petition is disposed

of.

There shall be no order as to costs.

As a sequel miscellaneous application, pending, if any,

shall also stand closed.

JUSTICE D.RAMESH