Andhra Pradesh High Court - Amravati
Ganugapenta Thirumala Konda Reddy vs The State Of Andhra Pradesh on 9 September, 2024
1
APHC010327712024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
MONDAY ,THE NINTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NOs: 16482 & 17018 OF 2024
WRIT PETITION NO: 16482 OF 2024
Between:
1. BOYA GIDDAIAH, S/O. MUNDELA GIDDAIAH, AGED 54 YEARS,
R/O. D. NO. 1-33, ANUGONDA VILLAGE, KODUMURU MANDAL,
KURNOOL DISTRICT.
...PETITIONER
AND
1. THE GOVERNMENT OF AP, REP. BY ITS PRINCIPAL SECRETARY,
REVENUE (REGISTRATION AND STAMPS) DEPARTMENT
VELAGAPUDI, AMRAVATHI, GUNTUR.
2. THE COMMISSIONER AND INSPECTOR GENERAL,
(REGISTRATION AND STAMPS) OFFICE, D. NO. 5-59, RK SPRING
VALLEY APARTMENT, A-BLOCK EDUPUGALLU VILLAGE,
KANKIPADU MANDAL, KRISHNA DISTRICT.
3. THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS
DEPARTMENT, KURNOOL, KURNOOL DISTRICT.
4. THE SUBREGISTRAR, REGISTRATION AND STAMPS
DEPARTMENT, KALLUR, KALLUR MANDAL, KURNOOL DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. MARELLA RADHA
Counsel for the Respondent(S):
1. GP FOR REGISTRATION AND STAMPS
WRIT PETITION NO: 17018 OF 2024
Between:
1. GANUGAPENTA THIRUMALA KONDA REDDY, GANUGAPENTA
THIRUMALA KONDA REDDY, S/O LATE KONDA REDDY, AGED
ABOUT 69 YEARS, OCC- AGRICULTURE, R/O 2-102,
AYYALURIARIPALLI VILLAGE, CHANDRASEKHARA PURAM
MANDAL, PRAKASAM DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF STAMPS AND REGISTRATION, AP
SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT
2. THE SUB REGISTRAR, KANIGIRI, PRAKASAM DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. PAVANI SIVA KUMAR
Counsel for the Petitioner:
1. PAVANI SIVA KUMAR
Counsel for the Respondent(S):
1. GP FOR REGISTRATION AND STAMPS
The Court made the following COMMON ORDER:
Heard Smt. Marella Radha, learned Counsel for the Writ Petitioner
(in W.P.No.16482 of 2024), Sri P.V. Venkata Ravi Sankar, learned
Counsel for the Writ Petitioner (in W.P.No.17018 of 2024) and Sri Arjun
Chowdary, learned Assistant Government Pleader.
2. Since common issues arise in both the Writ Petitions, with the
consent of parties, Common Order is being passed.
3. Learned Counsel for the respective Writ Petitioners has
submitted that the Writ Petitioners have purchased property and submitted
the sale deeds for registration before the respective Sub-Registrars. It is
the case of the Writ Petitioners that the respective Sub-Registrars have
declined to accept the said sale deeds, which were executed in July-2024.
It is the submission of the learned Counsel for both the Writ Petitioners that
the respective Sub-Registrars have declined to receive the said sale deeds
and process the same. They would submit that no reason was given by the
said Sub-Registrars for declining to receive the said documents and
process the same.
4. Learned Counsel for the Writ Petitioners has placed reliance
on the judgment of this Court in Salimeni Ravindra Vs. The State of
Andhra Pradesh & Ors. (W.P.No.10392 of 2021 dated 15.06.2021). He
would place reliance on this judgment to submit that the Sub-Registrar
cannot refuse to receive the document presented for registration. He would
submit that as per Section 71 of the Registration Act, 1908, there is an
obligation on the Registrar/Sub-Registrar to process the sale deed and
either register the same or record reasons for refusal to registrar a
document which is presented for registration and issue an order of refusal
and record his reasons for refusal in Book No.2 with the endorsement of
the phrase "registration refused" on the presented document for
registration. This procedure is followed as per Rules 161 to 164 of the
Rules framed under the Registration Act, 1908.
5. This Court, having perused the judgment of this Court in
Salimeni Ravindra's case (W.P.No.10392 of 2021 dated 15.06.2021), is of
the view that the issues involved in the present Writ Petitions are squarely
covered by the said judgment. Accordingly, these Writ Petitions stand
disposed of with a direction to the respective Sub-Registrars to receive the
sale deeds which are executed in July-2024 and process the same in
accordance with the procedure as indicated and as dealt with in this
judgment dated 15.06.2021 in W.P.No.10392 of 2021.
6. The Writ Petitioners are directed to submit the copies of this
order along with the photo copy of the judgment of this Court which is
relied-on i.e., Salimeni Ravindra's case (W.P.No.10392 of 2021 dated
15.06.2021) to the Registrar for better appreciation and for following the
procedure in accordance with law in future cases as well.
7. With these observations and directions, these Writ Petitions
stand disposed of. Needless to state that on presentation of the sale deed,
the respective Sub-Registrars shall pass a Speaking Order as per law
within a period of four weeks in the event he/she is not inclined to register
the document. No order as to costs.
8. Interlocutory Applications, if any, stand closed in terms of this
order.
______________________________________
GANNAMANENI RAMAKRISHNA PRASAD, J
Dt: 09.09.2024
Mnr
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION Nos.16482 & 17018 OF 2024
Dt.09.09.2024
Mnr
