Allowed

Sri Varadarajulapeta Rangaiah v. The State of Andhra Pradesh

Andhra Pradesh HC4 Sept 2020WA/265/2020

Case brief

AI extract

What is this about?

The High Court set aside an interim order of the learned Single Judge that directed a Sub-Registrar to receive a sale deed. The Court restored the writ petition to file, directed respondents to file counter-affidavits, and listed the matter for a merits hearing.

What did the court decide?

The order of the learned Single Judge set aside; writ petition restored for decision on merits; counter-affidavits filed within one month.

Sri Varadarajulapeta Rangaiah Vs The State of… — Property and Title | Andhra Pradesh HC (2020)

¶1

HIGH COURT OF ANDHRA PRADESH: AMARAVATI

¶2

CHIEF JUSTICE J.K. MAHESHWARI AND

¶3

JUSTICE K. SURESH REDDY

¶4

WRIT APPEAL No.265 of 2020

¶5

(taken up through video conferencing)

¶6

Between: Sri Varadarajulapeta Rangaiah, S/o late V.Meeramaiah, Aged about 60 years, Door No.9-24, Harizana wada, Tiruchanur Village, Tirupati Rural Mandal, Chittoor District, Andhra Pradesh. ..Appellant

¶7

and The State of Andhra Pradesh, represented by its Principal Secretary, Department of Revenue (Endowments IV), Secretariat, Velagapudi Village, Amaravati Mandal, Guntur District, Andhra Pradesh and others

¶8

..Respondents

¶9

Counsel for the appellant : Sri S.S.Bhatt Counsel for the respondents: Government Pleader for Revenue

¶10

HCJ & KSR,J W.A.No.265 of 2020

¶11

¶12

ORAL JUDGMENT 04.09.2020

¶13

Per J.K. Maheshwari, CJ

¶14

This writ appeal is arising out of the order, dated 22.10.2019, passed in W.P.No.14525 of 2019, by which, the Writ Court, in the facts and circumstances of the case, directed respondent No.3 – Sub-Registrar, to receive the sale deed submitted by the appellant and to act in accordance with law, if it is otherwise in order; and further, if there is any preliminary objection with regard to registration of the said document on any ground, whatsoever, the said respondent was directed to pass a reasoned order, in accordance with Section 71 of the Registration Act, 1908, and communicate the same to the appellant.

¶15

After hearing the learned counsel on either side, perusing the material available on record and looking to the relief prayed for in the writ petition, we are of the considered opinion that that the issue is required to be decided on merits, after filing of the counter-affidavits by the respondents. But, in place of deciding the issue on merits, the Writ Court directed as supra, although numerous reliefs are prayed for in the writ petition.

¶16

In view of the aforesaid, the order passed by the learned Single Judge stands set aside. The Registry is directed to restore the writ petition to file. The respondents are directed to file counter-affidavits in the writ petition within a period of one month from today. On such filing of counter-affidavits, the writ petition be listed before the learned Single Judge for deciding the issue on merits.

¶17

Subject to the above directions, the Writ Appeal is allowed.

¶18

There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed.

¶19

J.K. MAHESHWARI, CJ K. SURESH REDDY, J

¶20

GHN

¶21

HCJ & KSR,J W.A.No.265 of 2020

¶22

¶23

CHIEF JUSTICE J.K. MAHESHWARI AND

¶24

JUSTICE K. SURESH REDDY

¶25

HCJ & KSR,J W.A.No.265 of 2020

¶26

¶27

WRIT APPEAL No.265 of 2020

¶28

(taken up through video conferencing)

¶29

04.09.2020

¶30

GHN

Sri Varadarajulapeta Rangaiah v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sri Varadarajulapeta Rangaiah v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The State of Andhra Pradesh, Vs D. Janaki Rama Raju

The State of Andhra Pradesh, Vs M. Ratna Mohan Rao

Sk.Sharfuddin, Vs Smt. a.R.Anuradha IPS

K Sunitha Vs the State of Ap

Kovelamudi Ravindra, Vs The State of Andhra Pradesh

Cherukula Sailaja, Vs The State of Andhra Pradesh