Vanapalli Satyanarayana Vs the State of Andhra Pradesh

¶1

APHC010414072023

¶2

IN THE HIGH COURT OF ANDHRA PRADESH K AT AMARAVATI (Special Original Jurisdiction)

¶3

MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶6

WRIT PETITION NO: 21365 OF 2023

¶7

Between:

¶8

Vanapalli Satyanarayana, S/o. Paddaiah, Aged 63 years, R/o. Gundugolanu, Bhimadole Mandal, Eluru District.

¶9

Chitti Madhu, S/o. Pedanarasimhulu, Aged 47 years, R/o. Gundugolanu, Bhimadole Mandal, Eluru District.

¶10

Velivela Sambasiva Rao S/o. Rambabu, Aged 38 years, R/o. Gundugolanu, Bhimadole Mandal, Eluru District.

¶11

Padimi Ganesh,, S/o. Satyanarayana, Aged 55 years, Gundugolanu, Bhimadole Mandal, Eluru District.

¶12

...Petitioners

¶13

AND

¶14

The State of Andhra Pradesh, Rep. by its Commissioner and Inspector General Registration and Stamps Department, 5-59, R.K. Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, Krishna District.

¶15

The District Registrar, Eluru District, Eluru.

¶16

The Joint Sub-Registrar, Tadepalligudem, Eluru District.

¶17

The Joint Sub-Registrar, Bhimadole, Eluru District.

¶18

...Respondents

¶19

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 order or direction more particularly^one in the nature of Writ of Mandamus declaring the action of the 3rd respondent^{innotreleasing} the documents pertaining to the petitioners purchased^{propertiesinpending} registration Document Nos. 2058/2022, 2056/2022, 2055/2022^and2057/2022 is illegal, arbitrary and unconstitutional and contrary^{totheSection71} of the Registration Act and consequently direct the 3rd respondent^toreleasethe respective pending registration documents of the petitioners^forthwith.

¶20

lA NO: 1 OF 2023

¶21

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} direct the 3rd respondent to release the documents of the petitioners pertaining to their purchased properties in Pending registration Document Nos. 2058/2022, 2056/2022, 2055/2022 and 2057/2022^{forthwith,pending} disposal of the Writ Petition.

¶22

Counsel for the Petitioners: SRI KOTI REDDY IDAMAKANTI

¶23

Counsel for the Respondents: GP FOR REGISTRATION AND^STAMPS The Court made the following order:

¶24

APHC010414072023

¶25

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶26

(Special Original Jurisdiction)

¶27

[3330]

¶28

MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

¶29

PRESENT

¶30

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶31

WRIT PETITION NO: 21365/2023

¶32

Between:

¶33

1.VANAPALLI SATYANARAYANA, S/0. PADDAIAH AGED 63 YEARS, R/O.GUNDUGOLANU, BHIMADOLE MANDAL ELURU DISTRICT.

¶34

2.CHITTI MADHU, S/O.PEDANARASIMHULU, AGED 47 YEARS R/O.GUNDUGOLANU, BHIMADOLE MANDAL ELURU DISTRICT.

¶35

3.VELIVELA SAMBASIVA RAO, S/O.RAMBABU AGED 38 YEARS, R/O.GUNDUGOLANU, BHIMADOLE MANDAL ELURU DISTRICT.

¶36

4.PADIMI GANESH, S/0.SATYANARAYANA, AGED 55 YEARS, GUNDUGOLANU, BHIMADOLE MANDAL, ELURU DISTRICT.

¶37

...PETITIONER(S)

¶38

AND

¶39

1.THE STATE OF ANDHRA PRADESH REP. BY ITS COMMISSIONER AND INSPECTOR GENERAL REGISTRATION AND STAMPS DEPARTMENT 5-59 R.K. SPRING VALLEY APARTMENTS, EDUPUGALLU KANKIPADU MANDAL, VIJAYAWADA, KRISHNA DISTRICT

¶40

2.THE DISTRICT REGISTRAR, ELURU DISTRICT, ELURU 3.THE JOINT SUBREGISTRAR, TADEPALLIGUDEM ELURU DISTRICT.

¶41

4.THE JOINT SUBREGISTRAR, BHIMADOLE, ELURU DISTRICT.

¶42

...RESPONDENT(S)

¶43

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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not releasing the documents pertaining to the petitioners purchased properties in pending registration Document Nos 2058/2022, 2056/2022, 2055/2022 and 2057/2022 is illegal, arbitrary

¶44

V'

¶45

2

¶46

and unconstitutional and contrary to the Section 71 of the Registration Act and consequently direct the 3rd respondent to release the respective pending registration documents of the petitioners^forthwith and pass lA NO: 1 OF 2023 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 3'^ respondent to release the documents of the petitioners pertaining to their purchased properties in Pending registration Document Nos. 2058/2022, 2056/2022, 2055/2022 and 2057/2022 forthwith, pending disposal of the Writ Petition and pass

¶47

lA NO: 1 OF 2024

¶48

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 grant leave to petitioner herein Respondent No. 4 to file counter affidavit and pass

¶49

lA NO: 2 OF 2024

¶50

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 grant leave to the petitioner herein respondent No. 3 to file counter affidavit and pass

¶51

Counsel for the Petitioner(S):

¶52

1.KOTI REDDY IDAMAKANTI

¶53

Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS (AP)

¶54

The Court made the following:

¶55

3

¶56

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶57

WRIT PETITION NO. 21365 of 2023

¶58

ORDER;

¶59

0

¶60

The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

¶61

“...to issue an order or direction more particularly^one In the nature of Writ of Mandamus declaring the action of the 3rd respondent in not releasing the documents pertaining to the petitioners purchased properties in pending registration^Document Nos. 2058/2022, 2056/2022, 2055/2022 and 2057/2022 Is illegal, arbitrary and unconstitutional and contrary to the^{Section71ofthe} Registration Act and consequently direct the 3^^ respondent^to release the respective pending registration documents of the petitioners forthwith and to pass such other order^{orordersasthis} Hon’ble Court may deems fit just and proper in the^{circumstances} of the case. ”

¶62

It is the case of the petitioners herein that they have purchased the property to an extent of 14.45 square yards with^shedand39.44 square yards in Survey No.237/4 from its original owners Puli Ramanujaiah through his GPA Holder on 15.09.2022. After presentation of the document, the 3'^^ respondent/Joint Sub-Registrar gave pending registration No.2058 of 2022 and the same was forwarded to the 4'^ respondent for acceptance since the property is situated within the jurisdiction of the 4**^ respondent. The 4 th respondent, after verifying the same, accepted the registration on 22.09.2022. Having received the confirmation/acceptance by the 4 th

¶63

4

¶64

respondent, the sale deed was not released in favour of the petitioners herein. Hence, the present writ petition. 3. Learned State Counsel would submit that the 3'^^ respondent has not released the documents as already there is a writ petition pending before this Hon’ble Court vide W.P. No.30406 of 2022 wherein this Court directed not to entertain the documents being submitted by the respondents 6 to 21 therein i in respect of the subject property to^an extent of Ac.13.75 cents in R.S.Nos.50/1, 54/12, 66/6, 45/2 and 247/11 of Padala Village, Padala Gram Panchayat Tadepalligudem Mandal West Godavari District and hence, the 3 respondent has not released the said documents.

¶65

When this Court posed queried to the learned State Counsel about the Survey No.237/4 is part of the order given by this Court in W.P.No.30406 of 2022, iearned State Counsel fairly admitted that the said Survey Number is not part of the order passed by this Court in W.P.No.30406 of 2022.

¶66

In view of the above circumstances, this Court isi inclined to dispose of this writ petition directing the 3™ respondent herein to register the document Nos.2058 of 2022, 2056 of 2022, 2055 of 2022 and 2057 of 2022 submitted by the petitioners herein and reiease the same in favour of the petitioners, in accordance with law.

¶67

5

¶68

Accordingly, the Writ Petition is disposed of. There^shallbe no

¶69

order as to costs.

¶70

As a sequel thereto, miscellaneous petitions pending, if any,

¶71

shall stand closed.

¶72

Sd/- iVl. SRlNSV.ivS ASSISTANT REGiSTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Commissioner and Inspector General Registration and Stamps Department, State of Andhra Pradesh, 5-59, R.K. Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, Krishna District.

¶77