Allowed

K Padma v. the State of Ap

Andhra Pradesh HC20 Jul 2021WP/2347/2019

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner sought a direction for the respondent to receive and register a gift deed. Upon hearing, the learned Counsel for Stamps and Registration agreed to receive the document. The court directed the respondent accordingly and disposed of the petition.

What did the court decide?

The 2nd Respondent is directed to receive and process the Gift Deed document submitted by the petitioners in accordance with law.

K Padma Vs the State of Ap — Property and Title | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION No.2347 OF 2019

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ORDER:-

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

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“…… to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd respondent in not receiving the Gift Deed Document dt.02.02.2019 for registration in favour of the 2^nd petitioner is illegal, arbitrary and violation of principles of natural justice and consequently direct the 2^nd respondent to receive and process the document i.e., Gift Deed Document dt.02.02.2019 presented by the petitioner……”

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It is stated in the affidavit filed in support of the petition that petitioner No.1 is the absolute owner of property bearing plot No.9 situated in R.S.No.3/1 of Vidhyadharapuram, Vijayawada, Krishna District, which was acquired through proceedings Ref.No.66/2012, dated 18.2.2012, issued by Tahsildar, Vijayawada Urban and she is in peaceful possession and enjoyment of the same. Out of love and affection and petitioner No.2, being her husband, she executed a gift deed, dated 2.2.2019, in his favour and presented the same before respondent No.2, who neither received nor registered the same. Even after number of representations, respondent No.2 did not receive the said document and also did not assign any valid reason for not receiving the said document. As respondent No.2 did not choose to receive or register the said gift deed, this writ petition is filed.

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Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to

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issue a direction to the respondents to receive and register the document of the petitioners.

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Learned Government Pleader for Stamps and Registration readily agreed to receive and process the document of the petitioners in accordance with law.

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In view of the concession given by the learned Government Pleader for Stamps and Registration, respondents are directed to receive and process the document submitted by the petitioners in accordance with law.

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

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_________________________________________ JUSTICE M.SATYANARAYANA MURTHY

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Date : 20.7.2021 AMD

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION No.2347 OF 2019

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Date : 20.7.2021

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AMD

K Padma v. the State of Ap

Case brief

What is this about?

What did the court decide?

K Padma v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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