Padibandla Madhavi Latha vs The State Of Ap
2024 Latest Caselaw 10065 AP

Andhra Pradesh High Court - Amravati

Padibandla Madhavi Latha vs The State Of Ap on 8 November, 2024

APHC010487762024
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                   [3328]
                            (Special Original Jurisdiction)

                   FRIDAY ,THE EIGHTH DAY OF NOVEMBER
                     TWO THOUSAND AND TWENTY FOUR

                                PRESENT

   THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
                         PRASAD

                       WRIT PETITION NO: 25315/2024

Between:

  1. PADIBANDLA MADHAVI LATHA, W/O IJAK, R/O KORISAPADU
     VILLAGE AND MANDAL, PRAKASHAM DISTRICT.

                                                          ...PETITIONER

                                   AND

  1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY,
     REVENUE DEPARTMENT, SECRETARIAT BLDGS, AMARAVATHI.

  2. THE   COMMISSIONER    AND  INSPECTOR     GENERAL  OF
     REGISTRATION AND STAMPS, GOVERNMENT OF        ANDHRA
     PRADESH, REGISTRATION BHAVAN, MJ MARKET, HYDERABAD.

  3. THE DISTRICT REGISTRAR, MARKAPURAM, PRAKASAM DISTRICT.

  4. THE SUB REGISTRAR, PODILI, PRAKASAM DISTRICT.

                                                      ...RESPONDENT(S):

Counsel for the Petitioner:

  1. A SREEDHAR

Counsel for the Respondent(S):

  1. GP FOR REGISTRATION AND STAMPS

The Court made the following:
                                          2


ORAL ORDER:

Heard Sri A.Sreedhar, learned Counsel for the Petitioner and Sri Arjun

Chowdary, learned Assistant Government Pleader.

2. The present Writ Petitioner is challenging the draft Memo

No.G2/19134/2011 dated 01.12.2011 (Ex.P1). Learned Counsel for the

Petitioner has drawn the attention of this Court to a judgment of this Court

passed by the learned Single Judge of this Court in W.P.No.33213 of 2018

dated 17.09.2018 (placed on record vide memo dated 04.11.2023). He would

state that the learned Single Judge in the above mentioned Writ Petition

(W.P.No.33213 of 2018) was pleased to set aside the impugned Memo herein

namely Memo No.G2/19134/2011 dated 01.12.2011. The relevant portion of

the said order is usefully extracted hereunder:

"4) For the reasons alike, this writ petition is also allowed setting aside the Memo No.G2/19134/2011 dated 01.12.2011 issued by the 2nd respondent. There shall be a consequential direction to the Sub-Registrar, Podili, to receive and process the documents presented by the petitioners in respect of the subject property without reference to the order dated 15.03.2011 of the High Court of Madras in Contempt Petition No.1205 of 2010. In the event, the documents presented are found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar Podili, shall complete the registration formalities and release the documents in accordance with due procedure. If he is not intending to register the same, he shall record reasons and communicate the same to the parties."

3. Learned Counsel for the Petitioner would also draw the attention of this

Court to another judgment of this Court dated 19.10.2022 in W.P.No.34092 of

2024 (filed along with memo dated 04.11.2023) wherein, having considered

the facts that the above said draft Memo dated 01.12.2011 was set aside by

this Court on 07.12.2015 in W.P.No.39537 of 2015 and batch, a learned

Single Judge had directed the Sub-Registrar to consider the documents

presented by the Writ Petitioner therein with certain directions. This Court,

having taken note of the said directions, is of the opinion that the present Writ

Petitioner is entitled for similar relief and similar directions.

4. Accordingly, this Writ Petition is allowed by setting aside the draft Memo

No.G2/19134/2011 dated 01.12.2011 (Ex.P1). There shall be a consequential

direction to the Sub-Registrar, Podili, to receive and process the documents

presented by the Petitioner in respect of the subject property without reference

to the Order dated 15.03.2011 of the High Court of Madras in Contempt

Petition No.1205 of 2010. In the event, the documents presented are found to

fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act,

1899, the Sub-Registrar, Podili, shall complete the registration formalities and

release the documents, in accordance with due procedure. If he is not

intending to register the same, he shall record reasons and communicate the

same to the parties. No order as to costs.

5. Interlocutory Applications, if any, stand closed in terms of this order.

_________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J

Dt: 08.11.2024 VTS