The High Court dismissed a writ petition seeking a direction to the Sub-Registrar to reject registration documents pending a Revenue dispute. The Court held it cannot adjudicate disputed questions of fact regarding property ownership and urged parties to approach the Civil Court.
Writ petition dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 6884 OF 2019
Between:
...PETITIONER(S)
AND
...RESPONDENTS
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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the the action of the 2nd respondent in proposing to register the document presented by the respondent Nos. 3 and 4 in respect of the land admeasuring Ac. 0.78 cents and Ac. 1.00 cents in R.S.Nos. 600/14 and 593/4 situated at Mandadam village, Thulluru Mandal, Guntur District, during the pendency of the statutory ROR Appeal before the Sub-Collector-cumRevenue Divisional Officer, Guntur District, as being illegal, arbitrary and unjust, and to grant such other relief or reliefs.
IA NO: 1 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent herein not to receive or entertain any document presented by the unofficial respondents in resect of the land admeasuring Ac. 0.78 cents and Ac. 1.00 cents in R.S.Nos. 600/14 and 593/4 situated at Mandadam village, Thulluru Mandal, Guntur District, pending disposal of the main Writ Petition.
Counsel for the Petitioner(s): SMT. V BABY RANI
Counsel for the Respondents 1 & 2: GP FOR REGISTRATION AND STAMPS
Counsel for the Respondents 3 & 4 : SRI K.S. GOPALA KRISHNAN
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.6884 OF 2019
Between:
Petitioners
Versus
Respondents Counsel for the petitioners . Smt. V.Baby Rani Counsel for respondent Nos.1 & 2 : GP for Stamps and Registration
Counsel for respondent Nos.3 & 4 : Sri K.S.Gopala Krishnan
ORDER
The present writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...issue a writ in the nature of a writ of mandamus of any other appropriate writ, order or direction more particularly one in the nature of Mandamus, declaring the action of2nd respondent in proposing to register the document presented by the respondent Nos.3 and 4 in respect of the land admeasuring Ac.0.78 cents and Ac. 1.00 cents in
Page 2 of 5
SRS,1 W.P.No.6884 of 2019
R.S.Nos.600/ 14 and 593/4 situated at Mandadam Village, Thulluru Mandal, Guntur District, during the pendency of the statutory ROR appeal before the Sub-Collector-cumRevenue Divisional Officer, Guntur District, as being illegal, arbitrary and unjust, and to grant such other relief or reliefs ..."
Page 3 of 5
SRS, J W.P.No.6884 of 2019
no action has been taken by the respondent No.2, petitioners filed the above writ petition.
Page 4 of 5
SRS, J W.P.No.6884 of 2019
registering authority, normally, will not entertain registration of the document as mandated under 219(b) of Standing Orders, in case of any injunction granted by the competent Civil Court.
As a sequel, pending miscellaneous petitions, if any, shall
stand dismissed.
Sid- SHAIKMOHD RAFI ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
Madhu
HIGH COURT
DATED:05/09/2023
ORDER
WP.No.6884 of 2019
06 NUV 2023
eUt OTi y". .
DISMISSING THE WP WITHOUT COSTS
2 issues framed by the court
Whether the High Court can adjudicate disputed questions of fact regarding property ownership in a writ petition under Article 226.
Whether the action of the registering authority in entertaining registration documents should be stayed due to pending Revenue appeal.
3 provisions across 3 enactments
Dunna Peda Ramaiah and others
State of Andhra Pradesh
The Sub-Registrar
Smt. Bandi Sarojini
Bethapudi Anil Kumar
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
