Andhra Pradesh High Court - Amravati
K Hemachandra Reddy vs The State Of Andhra Pradesh on 26 September, 2024
APHC010372672024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
THURSDAY ,THE TWENTY SIXTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 19179/2024
Between:
1. K HEMACHANDRA REDDY, S/O K. KESAVULU REDDY, HINDU,
RESIDING AT P. KOTHUR VILLAGE, PANTRAMPALLE POST,
CHITTOOR DISTRICT, A.P.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, STAMPS AND REGISTRATION DEPARTMENT,
AMARAVATI, GUNTUR DISTRICT.
2. THE DISTRICT REGISTRAR, STAMPS AND REGISTRATION
DEPARTMENT, CHITTOOR CITY, CHITTOOR DISTRICT.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased topleased to issue an Order, direction, proceedings or Writ more
particularly one in the nature of Writ of Mandamus declaring the action of the
2nd respondent not implementing the Decree and Judgment passed in
O.S.No. 419/2009 dt. 06-04-2010 on the file of Principal Junior Civil Judge,
Chittoor is illegal, arbitrary, without jurisdiction and violation of Article 14,21
and 300-A of Constitution of India and consequently direct the 2nd
respondent to implement the Decree and Judgment passed in O.S.No.
419/2009 dt. 06-04-2010 on the file of Principal Junior Civil Judge, Chittoor
and to pass
2
Counsel for the Petitioner:
1. TRIMOORTHY K G
Counsel for the Respondent(S):
1. GP FOR REGISTRATION AND STAMPS
The Court made the following ORAL ORDER:
Heard Sri Shaik Afzal Mohammad, learned Counsel appearing on
behalf of Sri K.G. Trimoorthy, learned Counsel for the Writ Petitioner and Sri
K. Arjun Chowdary, learned Assistant Government Pleader for Revenue,
Stamps & Registration.
2. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue,
Stamps & Registration has submitted the Written Instruction furnished by the District
Registrar, dated 13.09.2024. Copy of the Written Instruction is also furnished to the
learned Counsel for the Writ Petitioner. This Written Instruction is taken on record.
3. Para No.4 of the Written Instruction would indicate that the Registrar is ready
to implement the Decree, if the procedure stipulated under Sub-section (2) of Section
31 of Specific Relief Act, is followed. The procedure contemplated in the said
provision of law is that the respective Court which has passed the Decree shall send
a copy of its decree to the Officer in whose office the instrument has been so
registered, and such officer shall note on the copy of the instrument contained
in his books the fact of its cancellation.
4. Learned Counsel for the Writ Petitioner has drawn the attention of this
Court to the Section 26 (k) (i) of the Registration Act, 1908, which empowers
the Registration Authority to cancel the instrument in terms of the Decree
passed by the Civil Court, if this Court issued such Order.
5. However, it is noticed by this Court that the Decree was passed by the
Civil Court on 06.04.2010 in O.S.No.419 of 2009 and there is a gap of more
than 14 years from the date of passing of the Decree. Since the Writ
Petitioner has approached this Court invoking Section 26 (k) (i) of the
Registration Act, 1908, this Court is not inclined to invoke such power to
entertain this Writ Petition, since the Writ Petitioner has approached this Court
after more than 14 years.
6. In this view of the matter, this Writ Petition is dismissed, as being
devoid of any merit. However, the Writ Petitioner is at liberty to approach the
Competent Court for seeking a direction under Sub-Section (2) of Section 31
of the Specific Relief Act. The Competent Court may deal with such
Application, if filed, in accordance with law.
7. With the above observations and directions, this Writ Petition stands
dismissed. No Order as to Costs.
8. Interlocutory Applications, if any, stand closed in terms of this Order.
______________________________________
(GANNAMANENI RAMAKRISHNA PRASAD, J)
Dt: 26.09.2024
JKS
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No. 19179 OF 2024
26.09.2024
JKS
