Bonala Rajarani Vs The State of Andhra Pradesh

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 a WRIT OF MANDAMUS or any other appropriate Writ, Order or Direction to DECLARE the action of the respondent officials in not receive, register and release the General Power of Attorney dated 19.07.2024

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executed by us for the lawful purposes mentioned therein, as illegal, arbitrary, violative of provisions of Registration Act, 1908 as amended from time to time and contrary to Articles 14 and 300-A of Constitution of India and consequently DIRECT the 3rd respondent to receive, register and release the General Power of Attorney dated 19.07.2024, in the interest of justice and pass such

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Counsel for the Petitioner(S):

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1.J.V.PHANIDUTH

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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ORDER

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Heard Sri J.V.Phaniduth, learned counsel for the petitioners and Sri G.Divya Theja, learned Assistant Government Pleader for Revenue for respondents 1 to 3.

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The grievance of the petitioners is that the General Power of Attorney executed by them in favour of D.John Paul, S/o Ganga Rao, in respect of Plot No.28, admeasuring 136 square yards, Municipal Assessment No.1069008680, Jaggaiahpeta Municipality, has not been received and processed by the 3^rd respondent.

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Learned counsel for the petitioners would submit that the petitioners obtained a loan from the Andhra Bank (Union Bank of India) in the year 2016 by depositing the title deed in respect of aforementioned property. Subsequently, the petitioners cleared the loan on 07.02.2023. He would submit that the petitioners executed a General Power of Attorney in favour of D.John Paul and presented the same before the 3^rd respondent; however, the 3^rd respondent has not received and processed the same.

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Sri G.Divya Theja, learned Assistant Government Pleader for Revenue for respondents 1 to 3, would submit that the 3^rd respondent will receive and process the application, subject to fulfilment of all requirements as mandated under the Registration Act, 1908 and the Indian Stamp Act.

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Whenever a document is presented, the registering authority shall receive and process the application, unless a restraint order is passed by the competent Court or the subject property is kept in the prohibited list of properties under Section 22-A of the Registration Act, 1908. The registering authority cannot refuse to receive and process the application. If the registering authority is restrained by any order, the authority shall pass an order under Section 71 of the Registration Act, 1908.

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Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of both the counsel, directing the 3^rd respondent to receive and process the General Power of Attorney executed by the petitioners in favour of D.John Paul, S/o Ganga Rao in respect of aforementioned property, subject to petitioners’ fulfillment of the requirement of Indian Stamp Act, 1899 and the Registration Act, 1908, within four weeks from the date of receipt of a copy of this order. No order as to costs.

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

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JUSTICE SUBBA REDDY SATTI

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PVD

Bonala Rajarani v. The State of Andhra Pradesh

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Bonala Rajarani v. The State of Andhra Pradesh

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