Andhra Pradesh High Court - Amravati
Bandaru Sunitha Vijaya Lakshmi, vs The State Of Andhra Pradesh, on 25 June, 2024
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.12836 OF 2024
Between:
Bandaru Sunitha Vijaya Lakshmi, D/o Bandaru
Jeevaratnam, Aged about 56 years, Occ:
House Wife, Door NO.10-3-444/120/A, 2nd
Floor, P.S. Nagar, Vijayanagar Colony,
Asifnagar, Hyderabad, Telangana.
... Petitioner
And
The State of Andhra Pradesh, rep by its
Principal Secretary, Revenue Department,
A.P.Secretariat, Velagapudi, Amaravati, Guntur
District and three others.
... Respondents
Counsel for the petitioner : Sri G.Venkateswarlu
Counsel for respondents : GP for Stamps and
Registration
ORDER
Heard Sri Gada Venkateswarlu, learned counsel for the
petitioner and learned Assistant Government Pleader for
Registration and Stamps for the respondents.
2. The petitioner's grievance is that respondent No.4 - Sub
Registrar, Podili Mandal is not receiving and registering the
document in respect of house admeasuring 100 square yards,
SRS, J
D.No.11-465, Plot No.49, Ward No.11 in Sy.No.190/2 of Podili
Village and Mandal, Prakasam District basing on the memo
No.G2/19134/2011, dated 01.12.2011 issued by respondent No.2.
3. Learned counsel for the petitioner would submit that the Memo
dated 01.12.2011 was set aside in W.P.No.1981 of 2020. Learned
Assistant Government Pleader endorses the same. The operative
portion of the order in W.P.No.1981 of 2020 is reads as follows:
"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 Division Bench judgments in
P.Narasimha Reddy vs. Sub-Registrar, Shameerpeta
Mandal, Ranga Reddy District1 and S.Nagi Reddy vs. Joint
Sub-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
inW.P.No.10721 of 2016, dated 01.04.2016, W.P.No.34689
of2012, 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."
4. Given the facts and circumstances of the case, since the
Memo dated 01.12.2011 was set aside by order dated 30.01.2020 in
W.P.No.1981 of 2020, the Writ Petition is disposed of directing the
respondent No.4 - Sub Registrar, Podili, Prakasam District to receive
and register the document that may be presented by the petitioner, if
SRS, J
it is in otherwise in accordance with law, subject to compliance of the
provisions of the Indian Stamp Act, 1899 and the Registration Act,
1908. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
___________________________
JUSTICE SUBBA REDDY SATTI
Date : 25.06.2024
TVN
SRS, J
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.12836 OF 2024
Date : 25.06.2024
TVN
