Dismissed

Boggarapu Naga Prasad, v. The State of Andhra Pradesh represented by its

Andhra Pradesh HC2 Dec 2022WP/25315/2015

Case brief

AI extract

What is this about?

Hon'ble Justice V. Sujatha disposed of multiple writ petitions challenging refusal of document registration. The Court, noting pending civil suits and CIB instructions, did not adjudicate merits but directed petitioners to approach the Civil Court under Section 77 of the Registration Act for registration remedies.

What did the court decide?

Writ Petitions closed; limitation expressed to approach Civil Court under Section 77 Registration Act; no order as to costs; miscellaneous petitions closed.

Boggarapu Naga Prasad, Vs The State of… — Civil Procedure and Limitation | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V. SUJATHA

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WRIT PETITION Nos.25263, 25264, 25266, 25286, 25315, 25330, 25331, 25386, 25391, 25394, 25459 and 25462 of 2015

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COMMON ORDER:

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W.P.No.25263 of 2015 :

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

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.6/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P149 of 2015 and to pass such other orders….”

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W.P.No.25264 of 2015 :

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The present Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.7/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P150 of 2015 and to pass such other orders….”

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W.P.No.25266 of 2015 :

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

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.8/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P151 of 2015 and to pass such other orders….”

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W.P.No.25286 of 2015 :

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The present Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.5/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P148 of 2015 and to pass such other orders….”

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W.P.No.25315 of 2015 :

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The present Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.3/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P146 of 2015 and to pass such other orders….”

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W.P.No.25330 of 2015 :

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The present Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.4/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P147 of 2015 and to pass such other orders….”

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W.P.No.25331 of 2015 :

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The present Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P153 of 2015 and to pass such other orders….”

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W.P.No.25386 of 2015 :

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The present Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.1/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P144 of 2015 and to pass such other orders….”

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W.P.No.25391 of 2015 :

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The present Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.12/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P155 of 2015 and to pass such other orders….”

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W.P.No.25394 of 2015 :

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The present Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.11/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P154 of 2015 and to pass such other orders….”

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W.P.No.25459 of 2015 :

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The present Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.9/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P152 of 2015 and to pass such other orders….”

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W.P.No.25462 of 2015 :

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

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“Issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd Respondent herein in passing impugned order dated 01.06.2015 in Appeal No.2/G/2015 as illegal, arbitrary, unconstitutional, contrary to the G.O.Ms.No.620 Revenue (Registration-I) Department dated 28.09.2002 and G.O.Ms.No.497 Revenue (Registration-I) Department Dated 07.04.2003 and the Registration Act, 1908 and consequently direct the Respondent Nos.3 & 4 herein to register in regular process in respect of the pending Registration No.P145 of 2015 and to pass such other orders….”

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Since, the issue involved in all the writ petitions is similar and identical, all these writ petitions are being disposed of by way of this common order.

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The 4^th respondent has filed counter and stated that not only O.S.No.605 of 2014, several other suits are pending before various courts at Nandyal in respect of the property in Sy.No.1928 of Nandyal for recovery of debt amount from the land owner N.Kesava Reddy @ Keshal Reddy vide O.S.Nos.419, 406, 405, 413, 427, 605, 415, 426 of 2015 and O.S.Nos.158, 136, 127, 129, 121, 125, 131, 123, 128, 238, 236, 156 and 52 of 2015. Further submitted that the Crime Investigation Department, Regional Office, Kurnool has instructed through letter No.Addl.SP/CID,RO,KNL/2015, dated 15.09.2015 that to stop further transactions in the survey number 1928 of Nandyal related to the property of N.Kesava Reddy @ Keshal Reddy.

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The 4^th respondent further submitted that the

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Departmental Standing Order No.219(b) as substituted in G.O.Ms.No.620 Revenue (Regn.I) Department, dated 28.09.2002 and amended in G.O.Ms.No.497 Revenue (Regn.I) Department, dated 07.04.2003 clearly lays down that if the High Court or any other civil Court restrains a person from alienating a property and if such orders are brought to the notice of the registering officer or served on the registering officer, the registering officer is stopped from going ahead with the registration, as such, the 3^rd respondent has passed orders on 29.04.2015 under Section 71 of the Registration Act, refusing registration of the documents.

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In view of the contentions raised in the counter, learned counsel for the petitioners has submitted that if at all, liberty is given to the petitioners, they could approach the Civil Court as under Section 77 of the Registration Act.

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Now, it is relevant to extract Section 77 of the Registration Act, which is as follows:

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“77. Suit in case of order of refusal by Registrar .—

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(1) Where the Registrar refuses to order the document to be registered, under section 72 or a decree section 76, any person claiming under such document, or his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree.

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(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the documents shall be receivable in evidence in such suit.

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So, in view of the same, instead of going into the merits of the case, the Writ Petition is closed, leaving it open to the petitioners to approach the civil Court as under Section 77 of the Registration Act. There shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, shall stand closed.

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_________________ V. SUJATHA, J

Date: 02.12.2022.

ARR

HONOURABLE SMT. JUSTICE V. SUJATHA

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